
Book^ 



^A^ 



1 ^d 5 4 

OFFICIAI^ UONATION. 



^} 



LAWS •■ 



OF THE 



STATE OF WISCONSIN, 



EELATING TO 



OOLS, 



WITH 



KEGULATIONS FOE APPEALS, LIBRAEIES, &C., INSTKUCTIONS FOR SCHOOL 

OFFICERS, FORMS FOE CONDUCTING ALL NECESSARY PEOCEEDLNGS 

TJNDEE SAID LAWS, AND A DIGEST OF THE DECISIONS MADE 

BY THE STATE SUPEEINTENDENT WHICH AEE OF GENERAL 

APPLICATION. 



Prepared in pursuance of an Act of the Legislature, 

BY THE 

SUPERINTENDElsT OF PUBLIC INSTRUCTION 



MADISON: ^ 

BERIAH BROWN, PRATER. 
1854. 



VI 



^/l 



.^^"r^A 



A sufficieDt Dumber of copies of this pamphlet Tvill be fonvaided to the Clerk of 
the Board of Supervisors of each county in the State to enable him to retain one 
copy for his own use and fuinish one to the Clerk of each city, to the Town Super- 
intendent of each town, and to the Clerk of each school district in his county. 
Each of the officers named will receive the pamphlet in their official capacity, 
•which they are required by law to deliver to their successors in office. 



relatijn^g to com^iox schools. 




CONSTITUTION— ARTICLE X. 

\ 

^ EDUCATION. 

SectiOi!T, 1. Tlie Supervision of public instruction sliall be State s-apevia- 

vested in a state superintendent, and such other officers as the t_endeatofpQ?i»- 

leo-islature shall direct. The state superintendent shall be chosen k° !°fwif ^^ 
11 T/>ii ,• T c-t ■ flow electea 

by the qualified electors of the State, in such manner as the le- and his cois- 

gislature shall provide ; his powers, duties and compensation pensation. 
shall be provided by law : Provided, that his compensation shall 
not exceed the sum of twelve hundred dollars annually. 

Sec. 2. The proceeds of all lands that have been or hereafter "WTiatioccss- 
may be granted by the United States to this State for educational stitutetlie 
purposes, (except the lands heretofore granted for the purposes school fund, 
of a university,) and all moneys, and the clear proceeds of all 
property, that may accrue to the State by forfeiture or escheat, 
and all moneys which may be paid as an equivalent for exemp- 
tion from military duty, and the clear proceeds of all fines col- 
lected in the several counties for any breach of the penal laAvs, 
and all moneys arising from any grant to-the state where the pur- 
poses of such grant are not specitied, and the five hundred thou- 
sand acres of land to which the State is entitled by the provisions 
of an act of Congress, entitled " an act to appropriate the pro- 
ceeds of the sales of the public lands, and to grant pre-emption 
rights," approved the fourth day of September, one thousand 
eight hundred and fortj^-one, and also the Rve j^sr centum of the 
nett proceeds of the public lands to Avhich the state shall become 
entitled on her admission into the Union, (if Congress shall con- 



LAWS RELATING TO 



Ho-w interest 
applied. 



District 
Bcbools 



to 



of. 

Income of 
school fund 



sent to such appropriation of the two grants last mentioned) 
shall be set apart as a separate fund, to be called the school 
fund, the interest of which, and all other revenues derived from 
the school lands, shall be exclusively applied to the following 
Tobesetapail. objects, to wit : 

1. To the support and maintenance of common schools, in 
each school district, and the purchase of suitable libraries and 
apparatus therefor. 

2. The residue shall be appropriated to the support and main- 
tenance of academies and normal schools, and suitable libraries 
and apparatus therefor. 

Sec. 3. The legislature shall provide by law for the establish- 
^'^f Tl'\^d b ^'^^^ ^^ district schools, Avhich shall be as nearly uniform as 
law to be free pi'^cticable, and such schools shall be free and witliout cl/arge 
and' not secta- for tuition to all children between the ages of four and twenty 
rian. years, and no sectarian instruction shall be allowed therein. 

Annual tax to Sec. 4. Each town and city shall be required to rais6% by tax, 
be raised for annually, for the support of common schools therein, A sum not 
Bvippoit of less than one half the amount received by such town/or city re- 
schools, spectively for school purposes, from the income cd' the school 
Amount there- f J i i ' 

tuna. / 

Sec. 5. Provision shall be made by law for the distribution of 
the income of the school fund among the several towns and cities 
bow aud when Qf i\yQ state, for the support of common schools therein, in some 
distributed. j^^^^. pj-Qpoj-tiQ^ ^q ti^g number of children and youth resident 
therein, between the ages of four and twenty years, and no ap- 
propriation shall be made from the school fund to any city or 
town, for the year in which said city or town shall fail to raise 
such tax, nor to any school district for the year in which a school 
shall not be maintained at least three months. 

Sec. G. Provision sliall be made by law for the establishment 
of a state university, at or near the seat of government, and for 
connecting with the same from time to time such colleges in differ- 
ent parts of the state, as the interests of education may require. 
The proceeds of all lands that have been or may hereafter be 
granted by the United States to the state for the support of a uni- 
versity, shall be and remain a perpetual fund, to be called the 
"university fund," the interest of which shall be appropriated to 
the support of the state university, and no sectarian instruction 
shall be allowed in such university. 

Sec. 7. The secretary of state, treasurer and attorney general 
shall constitute a board of commissioners for the sale of the school 
and university lands, and for the investment of the funds arising 
therefrom. Any two of said commissioners shall be a quorum 
for the transaction of all business pertaining to the duties of their 
office. 

Sec. 8. Provision shall be made by law for the sale of all 
school and university lands, after they shall have been appraised, 
and where any portion of such lands shall be sold, and the pur- 



State univer- 
sity. 



ScLool land 
commission- 
ers. 



Lands, how 
sold. 



COMMON SCHOOLS. ® 

chase money shall not be paid at the time of sale, the commis- 
sioners shall take security by mortgage upon the land sold for the 
sum remaining unpaid, with seven per cent, interest thereon, 
payable annually at the office of the treasurer. The commission- Powers of 
ers shall be authorized to execute a good and sufficient convey- commission- 
ance to all purchasers of such lands, and to discharge any mort- ^^^" 
gages taken as security when the sum due thereon shall have 
been paid. The commissioners shall have power to withhold 
from sale any portion of such lands when they shall deem it ex- 
pedient, and shall invest all moneys arising from the sale of such 
lands, as well as all other university and school funds, in such 
manner as the legislature shall provide, and shall give such se- 
curity for the faithful performance of their duties as may be re- 
quired by law. 

II. 

Chap. 9, Revised Statutes. 

OF THE STATE SUPERINTENDENT. 

Sec. 44. There shall be elected at the next general election, State snperin- 
and biennially thereafter, a state superintendent, whose term of tendent when 
office shall commence on the first day of January next succeeding tJ^^^f ^office, 
his election, and continue for the term of two years, and until 
his successor is elected and qualified. 

Sec. 45. The state superintendent shall, before he enters upon Oath of offica> 
the duties of his office, take and subscribe an oath to support the 
constitution of the United States, and of the state of Wisconsin, 
and faithfully to discharge the duties of his office to the best of 
his ability, which oath shall be filed in the office of the secretary 
of state. 

Sec. 46. The said superintendent shall receive for his services His salary, 
the sum of one thousand dollars per annum, payable quarterly 
in advance, with his actual postage, and the necessary stationery 
for his office, payable quarter yearly out of the state treasury. 

Sec. 47. He shall have a general supervision over the common His dutiea 
schools in this state, and it shall be his duty, as far as practica- 
ble, to visit every county in this state, for the purpose of inspect- 
ing the schools, awakening an interest favorable to the cause of 
education, and diff"using as widely as possible, by public addresses 
and personal communication with school officers, teachers and 
parents, a knowledge of existing defects, and of desirable im- 
provements in the government and the instruction of the schools. 

Sec. 48. It shall be his duty to recommend the introduction Ibid, 
of the most approved text books, and as far as practicable to se- 
cure a uniformity in the use of text books in the common schools 
throughout the state ; to discourage the use of sectarian books 
and sectarian instruction in the schools ; to advise in the selec- 
tion of books for school district libraries ; and to open such cor- 



^ LAWS EELATING TO 

respondcnce abroad as may enable liim to obtain, so far as 
practicable, information relative to the system of common schools, 
and its improvements in other states and countries, which he 
shall embody in his annual report to the legislature. 
Eiis duties. Sec. 49. He shall prescribe rules and regulations for the man- 

agement of school district libraries, and the penalties 'which 
shall be imposed by district boards for any violation of such rules 
and regulations ; he shall prepare for the use of common school 
officers, suitable forms for making reports, and conducting all 
necessary proceedings, and he shall cause the laws relating to 
common schools, with the rules, regulations and forms aforesaid, 
and such instructions as he shall deem necessary, to be printed 
together, with a suitable index, in pamphlet form, by the person 
authorized to do the state printing, at the expense of the state ; 
and he shall cause the same to be distributed among the several 
school districts and other officers having the care of common 
schools throughout the state. 
To examine Sec. 59. He shall examine and determine all appeals duly 

and determine jnafje to him, from the decision of any school district meeting, or 
appeals, from the decision of any town superintendent in forming or al- 

tering, or in refusing to form or alter any school district, or con- 
cerning any other matter under the common school law of this 
state, and his decision thereon shall be final. 
To report. Sec. 51. He shall prepare in each year, a report to be submit- 

ted to the legislature, bearing date on the last day of December 
in such year, containing — 
"Wbiat to con- 1. An abstract of all the common school reports received by 
^^"'^ bim from the sevei-al clerks of the county boards of supervisors. 

2. A statement of the condition of the common schools in this 
state. 

3. Estimates and accounts of expenditures of the school mon- 
eys. 

4. Plans for the improvement and management of the com- 
mon school fund, and for the better organization of the common 
schools. And — 

5. All such matters relating to his office, and the common 
schools of the state, as he shall deem expedient to communi- 
cate. 

To apportion Sec. 62. It sliall be the duty of the state superintendent, on 
Imoneys. or before the tenth of February in each year, to apportion the 
^ amount of school moneys to be distributed in such year, among 

the several counties of the state, and the share of each county 
among its respective towi>s and cities ; such apportionment shall 
be made among the several towns and cities, according to the 
number of children in each, over the age of four and under the 
age of twenty years, according to the returns thereof as made to 
his office for the preceding year. 

The above section fifty-two wns amended by Ilia act approved March 3, 
1852, which is now in force, as follows : 



COMMON SCHOOLS. 7 

[Section 1. The income of the state fund for the support of When moneya 
common schools, which shall have been received up to the tenth *° ^^ distiib- 
day of March in each year, shall in this year and each subsequent 
year be distributed between the tenth and fifteenth days of March, 
among the towns and cities entitled to receive the same.] 

Sec. 53. He shall certify such apportionment to the treasurer of To certify ap- 
the state, and shall g-ive immediate notice thereof to the clerk of Poi"t'°"™entto 

1,1? • L i- XI J. i- J treasurer and 

each county board of supervisors, statmg the amount apportioned j^^ notice of 

to his county, and to each town and city therein, and the time same to county 

when the same will be payable to the treasurer of such county, clerks. 

Sec. 54. The state superintendent shall have an office at Mad- Where to keep 
ison, where shall be deposited all papers and documents apper- ^^^ oflSce. 
taining to the business of his office ; and to which place commu- 
nications on the subject of common schools may be addressed to 
him. 

Sec. 55. Copies of all papers deposited or filed in the office of Copies of his 
the state superintendent of common schools, and all acts and de- P'lpers certifi- 
cisions of such superintendent may be certified by him ; and when ^^^^° "^ ®^' 
so certified, shall be evidence equally and in like manner as the 
originals. 

III. 

Chapter 10, Revised Statutes. 

OF THE BOARD OF COUNTY SUPERVISORS. 

Sec. 28. In addition to the ordinary powers and duties of the Speciil po'w- 
several county boards of supervisors enumerated in the prece- ers of county 
ding section, the following special powers are conferred upon "o^^'^- 
them, subject to such modifications and restrictions as the legis- 
lature shall from time to time prescribe, to wit : 

4. To authorize the levying and collecting of taxes for specific 
purposes, in any town or school district, not exceeding one thou- 
sand dollars, when such town or school district is not authorized 
by law to levy and collect the same, or so large an amount. 

OF THE CLERK OF THE BOARD OF SUPERVISORS. 

Sec. so. Whenever the clerk of the board of supervisors of County clerk 

any county, shall receive from the state superintendent notice of ^-^ ^^® notice 
J.1 • /. 1 1 i 1 1- i •! i 1 • i-i ot apportion- 

the apportionment of school moneys to be distributed in tfie coun- ^y^Q^^^ and send 

ty, he shall file the same in his office, and transmit a certified copy to county 
copy thereof to the county treasurer ; and such clerk shall also treasurer, 
lay a certified copy thereof before the board of county supervi- 
sors, at their next annual meeting. 

Sec. 51. It shall be the duty of the clerk of the board of su- To inform^ 

pervisors, in each county, on the last Monday in December in ^^^^'^ supenn- 

1 _Lx •.,,1 ,. -xij. x-c-j • tendent 01 ac- 

each year, to transmit to the state superintendent, certified copies ^^^ ^f county 

of all resolutions and proceedings of the board of supervisors of board con- 



8 LAWS RELATING TO 

cerning school wlaich he is clerk, passed or had during the preceding year, rela- 
matters. ^j^g iq \\^q raising of any money for school purposes, and to re- 

port the amount to be raised in each town in said county. 

IV. 

Chap. 12, R. S. 

POWERS AND DUTIES OF TOWNS. 

Powers of Sec. 2. The qualified electors of each town shall have power 

electors at at any legal meeting thereof, to vote to raise such sum of money 
town meetings for the support of common schools, in addition to the amount re- 
quired by law to be raised, as they may deem necessary. * * 

OF TOWN BOARD. 



Board to audit Sec. 70. The said board shall also, at their annual meeting in 
town supeiiu- each year, examine and audit the accounts of the town treasurer, 
and the town superintendent of schools, for all moneys received 
and disbursed by them as such officers. * * * * 



tendents ac 
counts. 



COMPENSATION OF TOWN OFFICERS. 



■p , . Sec 93. Supervisors, assessors, clerks of the polls, and super- 

superinteod- intendents of schools, shall be entitled to a compensation for 
eat. each day, actually and necessarily devoted by them to the ser- 

vice of the town, and in the discharge of any of the duties of 
their respective offices required of them by law, of one dollar a 
day each, and at the same rates for parts of a day. 



Chap. 15, R. S. 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 

A„ ii V Sec. 43. The board of county supervisors, at their annual 
Amount to be . . , , ,, • "^ , ^ i i . ■ .i 

raised for meeting in each year, shall estimate and determme the amount 

schools by tax of moneys to be raised in each town and ward in their county, 
in towns. fQj. i\^q support of common schools therein for such year, which 

tax shall be levied and collected in each year, and shall not be 
less than one half the amount of school moneys apportioned to 
such town and ward by the state superintendent in his last appor- 
tionment of school moneys, nor shall the amount so raised for 
Limited. school purposes exceed three mills on the dollar in any one year, 

upon the valuations of taxable property in such county; every such 
determination for the raising of school moneys by the said board 
shall be recorded by their clerk, and the sum so determined to 
Determination ^^ I'^ised shall be assessed and collected for the use of common 
to bo recorded, schools in each town and ward in such county, in addition to any 



COMMON SCHOOLS. VP 

sum any such town or ward may have voted to raise for the sup- 
port of common schools therein. 

Sec. 44. Whenever there shall have been no distribution of Ho-w amount 
school moneys to any town or ward in any year, the county ^g^^jj^^^g^^^ 
board of supervisors shall, at their annual meeting in that year, ^i^en town has 
direct to be raised on the valuation of the taxable property in drawn no 
such town or ward, the same per centage or proportionable school moneys 
amount of taxes for the support of common schools therein, as P'eceding 
shall be required to be raised for that purpose m the other •' 
towns in such county. 

VI. 

Chapter 20, R. S. 

OF THE DISTRIBUTION OF THE INCOME OF THE SCHOOL FUND. 

Sec. 1. The income of the state fund for the support of com- When and to 
mon schools, shall be distributed annually, [between the tenth av hat counties 
and fifteenth days of March,] among the several counties in this Jl^ J^t^^buted! 
state, from which reports have been received by the state super- 
intendent, agreeably to law. 

Sec. 2. The treasurer of each county shall apply for and re- who shall ap- 
ceive of the state treasurer the school moneys apportioned to his ply for school; 
county, as soon as the same shall become payable. money. 

Sec. 3. Each county treasurer receiving such moneys shall County treasu- 

immediately give notice in writing to the treasurer of each city, rev to give no- 

and to the town superintendent of each town in his county, of '^''^^ '^^.'^™°"'?*^ 
,, • •'^ 1 , , , -i 1 1 11 1 11 ii apportioned ta 

the amount apportioned to such town or city, and snail hold the g^^,]^ ^^^^ ^j^^ 

same, subject to the order of such city treasurer or town super- city. 

intendent. 

Sec. 4. In case the treasurer of any such city, or the town Money not 
superintendent of any such town, shall not apply for and receive f'j^^j .^^^h® 
such moneys before the next receipt of school moneys appor- amount next 
tioned to the county, the moneys so remaining with the county to be appor- 
treasurer shall be added to the moneys next received by him from tioned. 
the state superintendent, and distributed therewith, and in the 
same proportion, among the several towns and cities entitled 
thereto in such county. 

Sec. 5. Whenever it shall not appear from the certified state- When counties 
ment of the clerk of the board of supervisors in any county, made "ot entitled to 
to the state superintendent, that the amount required by law to be ^PP°' lo^^en 
raised for school purposes has been directed to be raised during 
the year by the board of supervisors of such county, the super- 
intendent shall not apportion any of the state school funds to 
such county, and in such case the moneys so withheld shall be 
added to the principal of the common school fund. 



10 LAWS RELATING TO 



YII. 



AN ACT 



TO AMEND CHAPT. NINETEEN" OF THE REVISED STATUTES, 

AND TO COMPILE 

THE SCIIOOL LAWS OF WISCONSIN. 
Approved April 1, 1854. 



SCHOOL DISTKICTS. 

(_See JVotes A. and B.) 

Notice of for- SECTION 1. Whenever a school district shall be formed 
Ume°aud place ^'^ ^'0' ^owD, it shall be the duty of the town superintend- 
of first meet- ent, withiu twenty days thereafter, to prepare a notice in 
ing of school ■writiDO' of tlie formation of such district, describinfj its 
boundaries, and appointing a time and place for the. first 
district meeting, and to deliver such notice to a taxable ia- 
hahitant of the district. ■'•' 
Notice how Sec. 2. The towu superintendent sliall, in such notice, 

turned.'''''^ '^' fl'i'ect such inhabitant to notify every qualified voter of 
the district, either personally, or by leaving a written 
notice at his place of residence, of the time and place of 
such meeting, at least five days before the time appointed 
therefor; and it shall be the duty of such inliabitant to 
notify the voters of such district, agreeably to the require- 
ments of said ^lotice, and indorse thereon a return con- 
taining tlie names of the persons by him notified ; and 
said notice and return shall be recorded as a part of the 
record of the first meeting in such district.f 
Notice to be gee. 3. In case such notice shall not be given, or the 
nel'k'ct^to'^at-^"^^^''''^^^'^^^^^ '^^ ^ district shall refuse or neglect to assemble 
tend first or furni a district meeting, when so notified, or in case any 
meeting. school district having been formed and organized, shall 

afterwards be dissolved, so that no competent authority 
shall exist tliereiii to call a special district meeting in the 
manner hereinafter provided, notice shall be given by the 
town superinte .dent, and served in the manner prescribed 
in the preceding section.;}: 



* See Forms Nos. 1, 2 and 3. t Nos. 4 and 5. X No. 



G. 



COMMON SCHOOLS. 11 

Sec. 4. Whenever a district meeting shall be calhsd in Duty of elec- 
tlie manner prescribed in the preceding sections of this ^oi'^- 
chapter, it shall be the dntj of the electors of the district 
to assemble at the time and place mentioned in' suck 
notice. 

Sec. 5. Every person shall be entitled to vote in any Who entitled 
school district meeting of this state, who is qnalified to to vote, 
vote at a general election lor state and county officers, and 
who shall have resided for the last ten days in the district 
where lie or tbey may offer to vote. 

Sec. 6. If any person oft'ering to vote at a school district Challenge and 
meeting, shall be challenged as unqualified by any legal proceedings 
voter in such district, the chairman presiding at such 
meeting shall declare to the person challenged, the quali- 
fications of a voter, and if such person shall declare that 
he is a voter, and if such challenge shall not be withdrawn, 
the chairman shall tender him the following oath or affir- 
mation : " You do solemnly swear (or affirm as the case 
may be) that you have been an actual resident of this 
school district for the last ten days, and that you are qual- 
ified according to law to vote at this meeting." And any 
person taking such oath or affirmation, shall be permitted 
to vote on all questions proposed at such meeting, but if 
any person shall refuse to take such oath or affirmation, 
his vote shall be rejected. 

Sec. Y. Every school district shall be deemed duly or- When district 
ganized when any two of the officers elected at the first deemed organ- 

t/ IZGQ 

legal meeting thereof, shall have consented to serve for 
the offices to which tbey have been respectively elected, 
by a written acceptance thereof filed with and recorded 
by the clerk; and. every school district shall be considered 
as legally organized after it shall hare exercised the fran- 
chises and privile2:es of a district for the term of two 
years. ^ 

Sec. 8. Every school district organized in pursuance of Districts to be 
this chapter, or which has been organized under any pre- ^°^^^^ corpo- 
vious law of the state or territory of Wisconsin, shall be a powers, 
body corporate, and shall possess the usual powers of a 
corporation for public purposes, by the name and style of 
*' School district number (such number as shall be desig- 
nated by tlie town superintendent in the formation there- 
of) of " (the name of the town or towns in which the 

district is situate) and in that name shall sue and be sued, 
and be capable of contracting and being contracted with, 

* See Form No. 7. 



12 



LAWS RELATING TO 



and of holding such real and personal estate as is authorized 
to be purchased by the provisions of this chapter, and of 
sellino; the same. 



Annual meet- 
ing, •when held 



"WTien annual 
meeting not il- 
legal fur want 
of notice. 

Powers of an- 
nual district 
meeting. 



DISTRICT MEETINGS. 

Sec. 9. The annual meetino; of each school district shall 
be held on the last Monday of September in each year; the 
hour of such meethig shall be six o'clock in the afternoon, 
unless otherwise provided by a vote of the district, duly 
recorded, at the last previous annual meeting. 

Sec. 10. No annual meeting shall be deemed illegal for 
want of due notice, unless it shall appear that the omission 
to give such notice was willful and fraudulent.* 

Sec. 11. The inhabitants qualified by law to vote at a 
school district meeting, when assembled at the first and 
each annual meeting in their district, shall have power — 

1st. To appoint a chairman for the time being. 

2nd. To adjourn from time to time as occasion may re- 
quire. 

3rd. To choose a director, treasurer and clerk. 

4th. To designate a site for a district school house. 

oth. To vote such tax on the taxable property of the dis- 
trict, as the meeting shall deem sufficient to purchase or 
lease a suitable site for a school house, and to build, hire, 
or purchase such school house, and to keep in repair and 
furnish the same with the necessary fuel and appendages. 

Gth. To vote a tax on the taxable property of the district 
of such sum as the meeting shall deem proper for the pay 
of teachers' wages in the district. 

7th. To authorize and direct the sale of any shool house, 
site, or other property belonging to the district, when the 
same shall no longer be needful for the use of the district. 

8th. To impose such tax as may be necessary to discharge 
any debts or liabilities of the district lawfully incurred. 

9th. To vote a tax not exceeding twenty dollars in any 
one year for the purchase of globes, black boards, outline 
maps, or any apparatus for illustrating the principles of 
agriculture, chemistry, or the mechanic arts. 

10th. To give such direction and make such provision 
as may be deemed necessary in relation to the prosecution 
or defence of any suit or proceeding in which the district 
may be a party or interested. 

ilth. To alter, repeal and modify their proceedings as 
occasion may require. 

* See Form No. 8. 



COMMON SCHOOLS. 13 

Sec. 12. Special district meetings may be called by tlie Special mteet- 
clerk, or in bis absence by the director or treasurer, on the ed^^anj^tat" 
written request of any five legal voters of the district, and business may 
the inbabitants qualified by law to vote wlien lawfully as- transact, 
sembled at a special meeting, shall have power to transact 
tbe same business, as at tbe first and eacb annual meeting, 
except to choose district officers and to vote a tax. "" 

Sec. 13. Wlienever tbe time for liolding an annual meet- if election not 
ing in any district for tbe election of district officers shall lield at annual 
pass without sucb election being held, tbe clerk, or in case "pecila^meet^ 
of bis absence, either the director or treasurer last elected, ing called for 
witliin twenty days after tbe time of liolding such meeting that purpose, 
shall have passed, may notify a special meeting for sucb 
election in the manner prescribed in the twelfth and twen- 
ty-ninth sections of this chapter; but if such meeting shall 
not be notified within twenty days as aforesaid, the town 
superintendent may order any taxable inhabitant of such 
district to notify such meeting in the manner provided in 
this chapter for the formation of a new district; and the 
officers chosen at such special meeting shall hold their offi- 
ces until the time for holding the next annual meeting. f 

Sec. 1-1. No tax to be voted by a district meeting for Tax to build 
buiidino;, hiiino:, or purchasing a school house, shall exceed f^chooi-house 

1 • not to GXCGGCl 

tbe sum of three hundred dollars, unless the town supenn- $300, except in 
tendent of the town in which the school house is to be sit- certain cases, 
uated, shall certify in writing his opinion that a larger sum 
ought to be raised, and shall specify the sum, in which 
case a sum not exceeding the sum so specified may be raised; 
and in districts composed of parts of several towns, the cer- 
tificate of a major part of the superintendents, of said towns 
shall be necessary for sucb purpose.:}: 

Sec. 15. The qualified voters, at each annual meeting, what voters 
may determine the length of time a school shall be taught may determine 
in their district the then ensuing year, which shall not be ^iJeti"'^'''; If 
less than three months, and whether such school shall be they neglect, 
taught by a male or female teacher, or both, and whether tiic board to 
the school moneys, to which tbe district is entitled from l^^l_ 
tbe common school fund and from the town, shall be ap- 
plied to the support of tbe summer or winter term of the 
school, or a certain portion to each; but if such matters 
shall not be determined at the annual meeting, the district 
board shall have power and it shall be their duty to deter- 
mine the same. 

* See Form No. 9. t Nos. 6 and 9. t No. II. 



14: LAWS RELATING TO 

DISTRICT OFFICKRS AND THEIR DUTIES. 
(See Note C.) 

District offi- Sec. IG. The officers of each school district shall be a di- 
cers, how long j-gci^Qv treasurer and clerk, who shall hold their respective 
xo seiye. ^j, ' •ii i- i- ^^ • ^ • ^ 

otiices until the annual meeting next lollowiug tlieir elec- 
tion or appointment, and until tlieir successors shall have 
been chosen, but not beyond ten days after the time for 
holding the second annual meeting after their election or 
appointment, without being again elected or appointed. 
Any person present at a school district meeting at which 
he shall be elected one of the district board, shall be deemed 
to be notified thereof, and any person so elected, and not 
present, shall be notified thereof by the clerk of such meet- 
ing within five days thereafter ; and unless each person so 
HoTT notified elected and notified shall, within ten days after his elec- 
of their elec- i\q^^ f^ig ^rjj;}, \\^q clerk his refusal in writing to accept the 
deemed to ^ office, he shall be deemed to haA-e accepted the same; and 
have accepted, any person appointed to fill a vacancy shall file with the 
clerk his acceptance in writing before entering up^n the 
duties of the office to which he has been appointed.* 

DIRECTOR. 

Duties of di- g^c. 17. It shall be the duty of the director of each dis- 
rector. ^^-^.^ |.,^ sign, together with the clerk, all orders drawn by 

the clerk upon the treasurer of the district for moneys re- 
ceived by liim to be disbursed therein. f 
Ibid, Sec. 18. The director shall appear for and on behalf of 

the district, in all suits brought by or against the district, 
when no other direction shall be given bj^ the qualified 
voters of such district at a district meeting. 

TREASURER. 

Duties of trea- Sec. 19. It shall be the duty of the treasurer of each dis- 
surer. ivid to apply for and receive from the town superintendent, , 

all school moneys apportioned to his district, and pay over 
on the order of the clerk and director of such district all 
moneys so received by him.:}: 
His annual re- Sec. "20. The treasurer shall present to the district at each 
P°^''' annual meeting a report in writing, containing a statement 

of all moneys received by him during the preceding year, 
and of the disbursements made by him, with the items of 
such disbursements, and exhibit the vouchers therefor ; also . 
a statement of all taxes assessed upon the taxable property. 

* See Forms No, 1, 12, 13 and 24. t Form No. U. \ See Note 0. 



COMMON SCHOOLS. 15 

of the district during the year, the purposes for which such 
taxes were assessed, and the amount assessed for each par- 
ticular purpose, which report shall be recorded by the 
clerk ; and if it shall appear that any balance of moneys To pay over 
is in the hands of such treasurer at the time of making balance of 
such report, he shall immediately pay over such balance "°"^^^' 
to his successor iu office. ■^''' 

Sec. 21. The treasurer shall within ten days after his To give bond^ 
election execute to tlie district a bond in double the amount otbetwise of- 
of money, as near as can be ascertained, to come into his '^^^^'^^^• 
hands, as treasurer during the year, with sufficient sureties, 
to be approved by the director and clerk, conditioned for the 
faithful discharge of the duties of his office ; and if he shall, 
fail so to do, his office shall be vacant.f 

Sec. 22. Such bond shall be filed with the clerk, and in whei-e filed 
case of any breach of the condition thereof, the director and how pros- 
shall cause a suit to be commenced thereon in the name of ^^^^®'^- 
the district, and the money, when collected, shall be ap- 
plied by such director to the use of the district, as the 
same should have been applied by the treasurer. 

Sec. 23. If the treasurer shall fail to give a bond as is re- when board 
quired in this chapter, or shall decline to accept his office, may appoint 
the said board shall appoint a treasurer, who shall possess '^^easm-er, 
all the powers of the district treasurer, and shall, before 
entering upon the duties of his office, give a bond to the 
district in double the amount of moneys to come into his 
hands, as near as can be ascertained, in the same manner 
and with the same effect as the district treasurer is requir- 
ed to give. 

Sec. 24. If such treasurer shall refuse or neglect to pay when treasu- 
over any balance remaining in his hands, it shall be the rer to prosecute 
duty of his successor in office to prosecute without delay prediceLor^ 
his official bond for the recovery of such balance. 

CLEKK. 

Sec. 25. It shall be the duty of the clerk of each district Duties of clerk 
to record the proceedings of his district in a book to be 
provided by the district for that purpose ; to enter therein 
copies of all reports made by him to'the town superintend- 
ent, and to keep and preserve all records, books, and pa- To teep re- 
pers belonging^to his office, and deliver the same to his cords. 
successor in office.:]: 

Sec. 26. He shall be clerk of the district board and of if absent from 
all district meetings when present, but if he shall not be tiistuct meet- 

* See Form 'Eo. 15. t No. 16, J See Note B. 



16 LAWS RELATING TO 

ing electors to j^resent at any district meeting the qualified voters present 
appoint a clerk ^^^.^^^ appoint a clerk of such meeting, who shall certify the 
proceedings thereof, and the same shall be recorded by the 
clerk of the district. 
To tire teacli- geg, 27. The clcrk shall contract with and hire qualified 
^'^' teachers for and in the name of the district; which con- 

Contract to be tract shall be in writing, and shall have the consent of 
iu writing. either the director or treasurer, or both indorsed thereon, 
and shall specify the wages per week or month as agreed 
upon by the parties, and such contract so completed shall 
be filed in his office.* 
Board to pro- Sec. 28. The district board shall provide the necessary 
vide necessary appendages for the school house, and keep the same in 
sdlool hoult^ g<"^od condition and repair during the time a school shall be 
taught therein ; and they shall keep an accurate account of 
all expenses incurred by them, and present such account 
for allowance to the qualified voters at a regular district 
meeting; and the amount of such account as allowed by 
such meeting may be assessed and collected in the same 
manner as other district taxes, but no such account shall 
be allowed at a special district meeting unless the intention 
to present the same shall be specified in the notice for such 
meeting. 
Clerk to give ggg, 29. It shall be the duty of the clerk to give at least 
of^eacrannual ^^^ ^^J^ prcvious notice of every annual and special dis- 
and special trict meeting, by posting up notices therefor in four or more 
meeting. public places in the district, one of which notices shall be 

affixed to the outer door of the school house, if there be 
one in the district ; and he shall give the like notices for 
every adjourned district meeting, when such meeting shall 
have been adjourned for a longer period than one month; 
What notice of every notice for a special district meeting shall specify the 
iJg'^to^pecifj. objects for which such meeting is called, and no business 
shall be acted upon at any special meeting which was not 
specified in such notice. f 
Clerk to report Sec. 30. It shall bo the duty of the clerk, between the 
to town super- first and fifteenth days of September, in each year, to 
latendeut. make and transmit a report, in writing, signed by him to 
the town superintendent, dated on tlie first day of Septem- 
ber, in the year in which it shall be transmitted, showing :;}: 
Keport, what 1st. The number of children, male and female, desig- 
to show, nated separately, residing in the district on the last day of 

August previous to the date of such report, over the age of 
four, and under the age of twenty years ; 

• See Form No. 17. t Nos. 8, 9, 10. t No. 18. 



COMMOK SCHOOLS. , 17 

2nd. The number attending school daring the year un- 
der the age of four, and the number over the age of twenty 
years ; 

3rd. The whole number that have attended school 
during the year ; 

4th. The length of time a school has been taught during 
the year by a qualified teacher, the name of each teacher, 
the length of time taught by each, and the wages paid to 
each ; 

6th. The average length of time scholars over the age 
of four and under the age of twenty years, have attended 
school during the year ; 

6th. The amount of moneys received from the town su- 
perintendent within the year, and the manner in which the 
same has been applied ; 

7th. The amount raised by the district in such year, and 
the purposes for which it was raised ; 

8th. The kind of books used in the school ; 

9th. Such othei' facts and statistics in regard to the 
school and the subject of education as the state superin- 
tendent may direct. 

Sec. 31. It shall be the duty of the clerk to draw orders ciei-k to draw- 
on the treasurer of the district for money in the hands of orders oa trea- 
such treasurer, wliich have been apportioned to, or raised ^^^^''• 
by the district, to be applied to the payment of teachers' 
wages, and apply said moneys to the payment of such 
teachers as shall have been employed by him in the name 
of the district, and also to draw orders on said treasurer 
for moneys in his hands, to be disbursed for any other pur- Money, ho-w 
pose, for which the same shall have been voted by the dis- disbursed, 
trict, agreeably to the provisions of this chapter : Provid- 
ed^ said orders shall be signed by the director.* 

rSfec.'SS. The clerk of each school district shall furnish Clerk to fur- 
at the expense of the district, a school register in the form ^ish register, 
prescribed by the state superintendent, in which every ^^^''g^^^j^j]" 
teacher in the district shall be required to enter the names, tobedeix 
ages, and studies of all the scholars attending school and ed. 
daily, their attendance and absence ; which register shall 
be deposited with the clerk at the end of each term; and 
any teacher who shall willfully neglect, or refuse to comply 
with the requirements of this section, shall forfeit his or 
her wages for teaching in such district.f 

* See Form Ifo. 14. t JS'o. 19. 



18 LAWS EELATING TO 

OF THE ASSESSMENT AND COLLECTION OF SCHOOL DISTIUCT TAXES. 
{Sec Note D.) 

District clerk Sec. 33. The clerk of eacli school district shall, on or 
tofiiinishtown jj^fQi-g the fourth Monday of November in each year, deli- 
verified state- ver to the town clerk in which the district is situated, a- 
mantof all statement in writing, veritied bj liis affidavit, showing the 
taxes Toted. j^niount of the tax or taxes voted to be raised at the last 
precedinfj; annual meeting, or at tlie first meeting after the; 
To furnish list organization of the district, or both, as the case may re- 
of persons and quire, together with a list of all persons and corporations 
iTaWe'tdtex. li'^^^'e to a school district tax therein. In case of a joint 
district he shall deliver to the town clerk of each town in 
Ho-wtopro- which any part of the district is situated, a statement so 
ceed in case of yei.ifie(j^ showing the proportion of the tax to be assessed 
jom IS uc . ^^^ ^j^_^^ p^^j. ^^. ^1^^ district within such town, together with 
a list of all persons and corporations, liable to a school 
district tax in that part of the district. Such proportion 
shall be ascertained from the valuations contained in the 
last assessment rolls of the respective towns ; and to en- 
able the district clerk to ascertain the same, the towo 
clerk of each such town, shall, on demand, at any time 
after he has received the equalized assessment roll of his 
To-wn clerk to town, deliver to the clerk of any such joint district, a cer- 
fieTstetement tilled statement of the valuation of real and personal pro- 
of value of perty in that part of such district lying within his town, aa 
property. i\^q game appears from said assessment roll.'''' 
Tax, how as- Sec. 34. The town clerk sliall assess such tax, or the due 
Bessed and col- proportion thereof, upon the real and personal property 
lected. liable thereto, placing the same in a separate column in 

the next assessment roll of his town, delivered to the town 
treasurer for collection, whenever such certificate of the 
district clerk shall be received by him in time therefor, al- 
though after the fourth Monday of November. And if 
fur any reason such tax shall not be assessed in the next 
assessment roll after the tax is voted, it shall be assessed in 
To vhom paid, that of the next succeeding year. The tax shall, in all 
respects, be collected or returned delinquent like other 
taxes, and when collected the money shall be paid over to 
the district treasurer. And whenever any part and not the 
"When part to "whole, of the taxes for all purposes assessed in the assess- 
l)«paid. ment roll to any person or corporation, or upon any real 

estate, shall be collected by the town treasurer, he shall 
pay over the due proportion of the amount collected by 
him to the district treasurer. 

» See Forms Nos. 20 and 21. 



COMMON SCnOOLS. J-W 

DISTRICT BOARD. 

(See Note E.) 

Sec. 35. The director, treasurer and clerk, shall consti- tute'distiS 
tute the district board. board. 

Sec. 36. They shall purchase or lease such a site for a Their powers 
school house as shall have been designated by the district, ^'^^ duties. 
ia the corporate name thereof, and shall build, hire, or pur- 
chase such school house out of the funds provided for that 
purpose, and make sale of any school house, site or other 
property belonging to the district, and if necessary execute 
a conveyance of the same in their name of office, when 
lawfully directed b)^ the qualified voters of such district at 
any annual or special meeting.'-^ 

Sec. 37. The said board shall have the care and keeping Tohavecareog' 
of the school house and other property belonging to the school hoHsa 
district, except so far as the same shall be especially con- 
fided to the care of the clerk, including all books purchas- 
ed by the district for the use of any children. 

Sec. 38. The said board shall have power to fill by ap- "^^len tofil 
pointment, an}'- vacancy that shall occur in their own num- [berr^owiT 
ber, within ten days after such vacancy shall occur ; and if number, asd, 
such vacancy shall not be filled within ten days as afore- '^^^o supena- 
said by said board, it shall be the duty of the town super- te^deut .sSiaJl. 
intendent to fill such vacancy by appointment.f 

Sec. 39. The district board may purchase, at the expense When board 
of the district, when families or guardians may not be "^^ P^^^ia^ 
able to furnish the same, such school books as in their for childres, 
judgment may be necessary for the use of any children 
attending school in their district, and they may include the 
amount of such purchase in any tax to be collected in such 
district. 

Whdt shall he Taught in Schools. 

Sec. 40. The board in each school district shall have Boardtodete- 
power, under the advice of the superintendent of public j"'°]?TH^ 
instruction, to determine what school and text books shall used, 
be used in the several branches taught in the school of 
such district. 

Sec. 41. In every district school there shall be taught, in ^^^* ^? H 
the English language, orthography, reading, writing, Eng- ScfschSofe" 
lish grammar, geography and arithmetic, during the time 
such school shall be kept, and such other branches of edu- 
cation as may be determined upon by the board. 

* See Forms Nos. 92 and 23. t See K"o. 24 



20 LAWS RELATING TO 

TOWN SUPEKINTENDENT AND HIS POWERS AND DUTIES. 
(Ste Note F.) 

Townsnperin- Sec. 42. It shall be the duty of the town superintendent 
tendeuttogive of common schools, within ten days after he shall have 
"been notified of his election or appointment, to execute to 
the chairman of supervisors of his town, and tile with the 
town clerk, a bond with one or more sufficient sureties, to 
be approved by the said chairman of supervisors, by indorse- 
ment over his signature on said bond, with a x)enalty, as 
bond near as can be ascertained, of double the amount of all the 

school moneys to come into his hands during the term of 
liis office, and conditioned for the faithful application and 
legal disbursement of all such school moneys according to 
Condition of -^^^^5 ^^^ ^^^ ^^® faithful discharge of all the duties of his 
and how ap-' office ; and in case such bond shall not be executed, ap- 
j>rovodana proved and filed within the time prescribed in this section, 
the office of such town superintendent shall be deemed 
vacant.'^ 
Duties of town Sec. 43. It shall be the duty of the town superintendent 

Buperintend- in each town — 

^^^ 1st. To divide the town into a convenient number of 

school districts, and to regulate and alter such districts as 
hereinafter provided, 

2nd. To describe and number the school districts, and 
to deliver the description thereof and numbers in writing, 
to the town and district clerk, immediately after the forma- 
tion or alteration thereof. 

3rd. To apply for and receive from the county treasurer, 
all moneys apportioned for the use of common schools in 
his town, and from the treasurer of the town, all the mon- 
eys raised therein for the same purpose. 

4th. To apportion the school nioneys received from the 
town and county treasurers, on the thiid Monday in March 
in each year, or as soon thereafter as he shall ]'eceive the 
same, to the several districts and parts of districts within 
the town, in proportion to the number of children residing 
in each, over the age of four and under the age of twenty 
years, as the same shall have appeared from the last annual 
reports of their respective clerks. 

5th. To see that the annual reports of the clerks of the 
several school districts in his town, are made correctly and 
in due time. 

6th. T(j sue for and collect in his name of office, all pen- 
alties and forfeitures imposed in this chapter, which shall 

* See Form No. 32. 



COMMON SCHOOLS. 21 

be incurred bj any ofHcer or inhabitant of his town, and 
in respect to which no other provision is made. 

Sec. 44. It shall be the duty of the town superintendent, to make re- 
between the first and fifteenth days of October in each year, port, 
to make and transmit to the clerk of the board of supervi- 
sors of the county, a report in writing, bearing date on the 
first day of October in theyearof its ti'ansraission stating — * 

1st. The whole number of school districts separately set what report, 
off within the town ; to contain. 

2nd. The districts and parts of districts from which re- 
ports shall have been made to him or his immediate pre- 
decessor in office, within the time limited for that purpose; 

3rd. The length of time a school shall have been taught 
in each of such districts or parts of districts, distinguishing 
what portion of that time the school has been taught by 
qualified teachers; 

4th. The amount of public moneys received in each of 
such districts and parts of districts; 

5tli. The number of children taught in each,' and the 
number of children over the age of four and under the age 
of twenty years, residing in each; 

6th. The whole amount of moneys received by him or 
his predecessor in office, since the date of the last preceding 
report, distinguishing the amount received from the coun- 
ty treasurer, from the amount received from the town treas- 
urer, and from other sources, if any ; 

7th. The manner in which such moneys have been ex- 
pended, and wdiether any and what part remains unex- 
pended, and for what cause ; 

8th. The amount of money raised in the districts and 
paid for teachers' wages, in addition to the public money 
paid therefor; the amount of taxes raised for purchasing 
school house sites, for building, hiring, purchasing, repair- 
ing and insuring school houses ; fur fuel, for district libra- 
ries, or for any other purpose allowed by law, in the dis- 
tricts or parts of districts from which reports have been 
received by him, or his predecessor, since the date of the 
last preceding report, with such other information as the 
state superintendent may from time to time require. 

Sec. 45. No moneys shall be apportioned to any district Money not to. 
or part of a district, unless it shall appear, by the report be apportioned 
thereof, .that a school has baen taught therein, for at least "aii^lftThr^ 
three months during the year ending at the date of such months, and 
report, by a qualified teacher, and that all school moneys school fund 

" See Form No. 25. 



£3 



LAWS KELATING TO 



Bsoney legally 
expended. 



library mo- 
Bey when not 
to be appor- 
tioced. 



Siffiperinteud- 
ent to keep ac- 
«re>aDt of rao- 
ney received 
sad expended, 



To render ac- 
eouiit to suc- 
cessor. 



To pay money 
isi successor. 



Saccessor to 
bsiug suit. 



Bnperintend- 
ent to have 
powers of a 
corporation. 

Pay of super- 
intendent. 



Apportion- 
aaent by su- 



received during that year from the school fund have been 
applied to the payment of the wages of such teacher; and 
no portion of the library money shall be apportioned to 
any district or part of a district, unless it shall appear from 
the last annual report thereof, that the library'' money re- 
ceived at the last preceding apportionment was duly ex- 
pended according to law, before the first day of September 
subsequent to such apportionment, and that such district 
has complied with the regulations established by the state 
superintendent in relation to district libraries. 

Sec. 46. The town superintendent, in each town, shall 
keep a just and true account of all school moneys received 
and expended by him during each year for which he shall 
have been chosen, and shall la}'' the same before the board 
of auditors of town accounts, at the annual meeting of such 
board in each year. 

Sec. 47. The town superintendent of schools in eacli 
town shall, within ten days after the termination of his 
office, render to his successor in office a just and true ac- 
count, in writing, of all school moneys received by him 
during the preceding year, and of the manner in which 
the same shall have been appropriated and expended by 
him; and the account so rendered shall be delivered by 
such successor in office to the town clerk, to be filed and 
recorded in his office. 

Sec. 48. On rendering such account, if any balance shall 
be found remaining in the hands of such town superinten- 
dent, the same shall be immediately paid by him to his 
successor in office. 

Sec. 49. Such successor in office shall bring a suit upon 
the official bond of any previous town superintendent, for 
the recovery, with interest, of any unpaid balance of school 
moneys that shall appear to have been in his hands on 
leaving his office, cither by the accounts rendered by such 
town superintendent, or by other sufficient proof 

Sec. 50. The town superintendent in each town shall 
have the powers and privileges of a corporation, so far as 
to enable him to take and hold any property transferred 
to him for the use of common schools in such town. 

Sec. 51. The town suj^erintendent shall be entitled to 
receive one dollar per day for every day actually and nec- 
essarily devoted by him, in his official capacity, to the 
service of the toM'n for M'hich he may be chosen, the same 
to be paid in like manner as other town officers are paid. 

Sec. 52. If, after the time when the annual reports of the 
school districts are required to be dated, and before the 



COMMON SCHOOLS. 23 

apportionment of school moneys shall be made, a district perlntendent 
shall be duly altered, or a new district shall be formed in ^" p^se of di- 
the town, so as to render an apportionment, founded on tr'fcT 
8nch annual reports, unjust as between two or more dis- 
tricts of the town, the town superintendent shall make an 
apportionment to such districts according to the number 
of children in each over the age of four, and under the ao-e 
of twenty 3^ears, ascertaining that number by the best evi- 
dence in his power. 

Sec. 53. AH moneys apportioned by the town superin- When moneys 
tendent, to any district or part of a district, which shall ^'^ ^'^^'^^'^^ to 
have remained in the hands of said town superintendent SmeT'" 
for one year after such apportionment, by reason of such 
district or part o^ district neglecting or refusing to receive 
the same, shall be added to \he moneys next thereafter to 
"be apportioned by such town superintendent, to the sev- 
eral districts and parts of districts in such town, and ap- 
portioned therewith. 

INSPECTION AND SUPERVISION BY TOWN SUPEKTNTENDENT. 
{See N(Ao G.) 

Sec. 54:. It shall be the duty of the town superintendent Teaobers, ho-w 
to examine annually all persons offering themselves as ^"^ V^^°°^ 
candidates for teachers of common schools in his town, ^^^™'"^'^' 
-in regard to moral character, learning, and ability to teach 
school ; and he shall deliver to each person examined and 
found qualified, a certificate signed by him in such form 
as shall be prescribed by the state superintendent ; which S-'mo?^' 
certificate shall be in force for one year from the date 
thereof, unless annulled within that time, and no person 
shall be deemed a qualified teacher within the meaning of 
this chapter who lias not such a cei'tificate in force. A cer- 
tificate granted by any town superintendent, as provided 
in this section, shall not be deemed a legal quahfication ofBy^^hom 
a teacher within the meaning of this chapter in joint granted in case 
school districts, except in cases where the school house is ^0"*^^^^ ^^' 
situated in the town for which the superintendent grantino- *"'^** 
the certificate was chosen.'^" . ° 

Sec. 55. The town superintendent may annul any such Mayanmiker- 
certifacate, given by him or his predecessor in ofiice, when^i^cate. 
he shall think proper, giving at least ten davs previous \ 
notice in writing to the teacher holding it, and to the dis- 
trict board of the district in which he may be employed, 
of his intention to annul the same. 

* See Form K"o. 2G. 



24: LAWS RELATING TO 

Note to be Sec. 5G. The annulling of a certificate sliall not disqnal- 

made and filed, j^-^ ^j^^ teacher to wliom it was given, until a note contain- 
ing the name of the teacher, and the time when the- 
certificate was annulled, shall be made by the town su- 
perintendent, and filed in the office of the town clerk.* 
Re-examina- gee. 57. Tlie town superintendent, whenever he shall 
tion, when (leem it necessarv, may require a re-examination of all or 

may be. „ , , -^ ' . "{ . -'■ f ,-i /» 

any ot the teachers m his town, lor the purpose ot ascer- 
taining their qualifications to continue as such teachei's.' 
To visitsclaools Sec. 58, It shall be the duty of the town superintendent 

to visit all such common schools. 
Duties as visi- Sec. 5'J. At sucli visitation, the town superintendent 
^^^- shall examine into the state and condition of such schools, 

both as respects the progress of the scholars in learning, 
and the good order of the schools, and may .give his ad- 
vice and direction to the district board, and to the teach- 
ers of such schools, as to the government thereof, and the 
course of studies to be pursued therein. 

OF THE FOKMATION AND ALTERATION OF SCHOOL DISTRICTS. 
{Sec Note H.) 

IToticeofin- Sec. GO. Whenever the town superintendent shall con- 
tentiou to alter ^gi^-,plr^^Q ail alteration of the boundaries of a school dis- 
eiven! ° trict, he shall give at least five days notice in wiiting to 
the clerk of the district or districts to be aftected thereby, 
stating in such notice the time and place when and where 
he will be present to hear and decide upon such proposed 
■VVLomaycon- alteration ; and it shall be the duty of such clerk or clerks 
stitute board to immediately to notify the other mer^bers of the board. In 
divide. hearing and deciding upon the alteration of a school dis- 

trict, the district board of the district or districts to be 
affected by such alteration may apply to the chairman of 
the town board of supervisors and town clerk, to be asso- 
Action final clatcd witli the town superintendent, and a majority of 
•unless appeal- the board SO constituted shall be necessary to make any 
edfrom, change in the boundaries of a school district, and their 

action shall be final unless duly appealed from.f 

Townsiiperin- Scc. 61. Ill all cascs where an alteration of the bounda- 

tendenttogive pjgg ^f ^^ scliool district shall be made, the town superin- 

ation. " tendent shall, within three days thereafter, give notice 

thereof, by filing a copy of the order so altering the same 

with the clerk of the district or districts aflected by such 

alteration ; and no alteration of any school district, made 

without the consent of a majority of the district board 

* See Form No. 27 and Note G. t No. 28. 

/ 

/ 



COMMON SCHOOLS. 25 

indorsed on such order, sliall take effect until three montlis 

after notice given as above speciiied, nor shall any alter- Alteration of 

ation of an organized school district be made to take ^ take effect. 

effect between the first day of December in any one year, 

and the first day of April following.''^ 

Sec. 62. When a new district is formed, in whole or in When new 
part, from one or more districts possessed of a school p[.operty°t^be 
house, or entitled to other property, the town superintend- divided, 
ent, at the time of forming such new district, shall ascer- 
tain and determine the proportion of the value of the 
school house and other property justly due to such new 
district.f 

Sec. 63. Such proportion shall be ascertained and deter- Ho\v division 
mined according to tho value of the taxable property of "'^ ®* 
the respective parts of such former district at the time of 
the division, by the best evidence in the power of the 
town superintendent; and such amount of any debt due 
from the former district, which would have been a charge 
upon the new, had it remained in the former district, shall 
be deducted from such proportion. 

Sec. 64:. Such proportion, when ascertained, shall be Proportion to 
raised and collected by tax upon the taxable properly of ^'^.J'^'f'^j' ^°5 
the district, retaining the school house or other property of appUed. 
the former district, in the same manner as other district 
taxes are collected, and when collected, shall be paid to 
the treasurer of the new district, to be applied towards 
procuring a school house for such district ; and the money 
so paid to the new district shall be allowed to the credit of 
the taxable property taken from the former district, in reduc- 
tion of any tax that may be imposed on said taxable prop- 
erty, in the new district, for the building of a school house. 

Sec. 65. Whenever it shall be necessary to form a dis- 
trict from two or more adjoining towns, the superintendents Pi'oceedings ' 
of such adjoining towns shall meet together and form such foj-nied of parts 
district, and deliver the notice of such formation to a tax- of two or more 
able inhabitant of such district, whose duty it shall be to adjoining 
serve such notice, as provided in the second section of this °^°^' 
chapter, and the clerk of the district so formed shall make 
such report to the superintendent of each such adjoining 
town, of such part of said district as may be situate in 
such town, as is prescribed in the thirtieth section of this 
chapter; and any district so formed may be altered or 
regulated by the superintendents of such adjoining towns 
as may be deemed necessary.:}; 

* See Forms Nos. 29 and 31. t ITo. 30. X N'os. 2 and 3. 

4: 



26 LAWS KELATING TO 



WHEN APPEAL MAY BE TAKEN. 

In -what cases Sec. 66. Anj pei'son conceiving himself aggrieved in 
appeal may conscquencc of any decision made by any school district 
^°' meeting, or by the town superintendent, in forming or al- 
tering, or refusing to form or alter any school district, or 
concerning any other matter nnder the provisions of this 
chapter, may appeal to the state superintendent, who ia 
hereby authorized and required to examine and decide the 
same, and such decision shall be final and conclusive: 
Provided^ however^ that the decision appealed from shall 
be operative until the state superintendent shall reverse or 
change the same. 

VALUATION AND EQUALIZATION OF PROPERTY. 
(Sec Note I.) 

Taxes, on what Sec. 67. All taxes raised and collected in any scJiool dis- 

eessed^*^ ^' ^^^^^' ^^^' ^"^ ^^ ^^^® purposes authorized by the i^rovisions 
of this chapter, except when otherwise provided, shall be 
assessed on the same kind of pro^terty as taxes fi;r town 
and county purposes are assessed. 
How assess- Sec. 68. Whenever any real estate in any school district 
nient made in shall not have becu separately valued in the assessment 
certain cases. ^,^^1 of the town, and tlie valuation of such real estate can- 
not be definitely ascertained from sucli assessment roll, the 
town clerk shall estimate the value of tlie same, in propor- 
tion to the valuation affixed in said assessment roll to the 
whole tract of Avliich such lot or piece of land forms a 
part. 
Equalization Sec. 69. AVlienever a school district embraces a part of 
of assessment jTiore than One town, the town superintendents of the toM'ns 
j\)mrdisTrict8.° ^° ^^^ P^^'*^ embraced, upon application of any three jiersons 
liable to pay taxes in such district, shall proceed to inquire 
and determine whether the valuations of taxable pi'operty 
in the assessment rolh of such towns are just as compared 
with each other in respect to such district, and if consider- 
ed not to be so, they shall determine the relative j^ropar- 
tion of taxes to be assessed upon the real estate of the 
parts of such district so lying in different towns, and shall 
certify the same to the town clerk of each town, and if re- 
ceived b}^ him previous to making out the assessment roll 
for that year, he shall assess the school district tax accord- 
ing to such equalized valuation. In cases where tvs''o su- 
perintendents cannot agree as to such valuation, they shall 
summon a superintendent from an adjoining town, who 
shall unite in such inquiry and determination. 



COMMON SCHOOLS. 27 

Duty of Town, Cleric. 
Sec. YO. It shall be the duty of the town clerk to receive Town ckrlc to 
and keep all reports made to the town superintendent, from j^g^cTrds^rc^' 
clerks of school districts, and all books, maps, and papers 
belonging to the town superintendent when recpiired, and 
file them in his office ; and he shall record, in a book kept 
for that purpose, such description of school districts, and 
organization or alteration thereof as shall be transmitted to 
his office bj the town superintendent. 

DUTIES OF THE CLERK OF THE COUNTY BOAED OF SUPERVISOES. 
{See Note J) 

Sec. 11. It shall be the duty of the clerk of the county To preserve 
board of supervisors in each county to receive all docu- documents, <fec. 
ments transmitted to him by the town superintendents of '^^'^^'^f^/™"^^ 

.,. ■' Til •• T town and State 

the several towns m his county, and ail communications cli- superintend- 
rected to him by the state superintendent, and keep the ent 
same in his office, or dispose of. the same as directed by 
said state superintendent. 

Sec. 72. The said clerk shall, on or before the tenth day Clerk to make 
of November in each year, make and transmit to the state report annual- 
superintendent a report in writing, setting forth the whole p^nnt^gndent. 
number of towns in his county, distinguishing those from 
wdiich the required reports have been made to him by the 
town superintendents, and containing an abstract of their 
reports,* 

Sec. 73. He shall also within the time mentioned in the Written state- 
preceding section, make and deliver to the county treasurer ment to county 

i . o ' , ^ ,1 11 1 c ^ •^ ^ • treasurer an- 

a written statement of the whole number ot children m uujiiiy_ 
each town in the county over the age of four, and under 
the age of twenty years, as shown by the town superin- 
tendents' reports, and the board, of supervisors of each 
county shall allow to the clerk thereof such compensation 
as they may deem reasonable, for the services required of 
him by the provisions of this chapter. 

LIBRAEIES AND LIBEAEY FUND. 

Sec. 74. Each town superintendent may, in his discre- Ten per cent, 
tlon, set apart a sum not exceeding ten per cent, of the «f 'i^^ ^'^'^'^°V 
gross amount of the school money apportioned to any school tkiTe'd to^^is- * 
district which shall be applied by such districts to the pur- tricts may be 
chase of school district libraries, which shall be the pro- set apart for 
perty of such districts ; and any resident of a school dis- 

* See Form No. 33. 



28 LAWS KELA'nNG TO 

trict, and the parents and guardians of all tlie children 
therein, between the ages of four and twenty years, shall 
Who may use y^q permitted to use books from the school district library 
library. of said district without charge, being responsilile to the 

district for the safe return thereof, and for any injury done 
thereto, according to such rules and regulations as may be 
established by the state superintendent : I^rovided, how- 
ever, That for the city of Milwaukee ten per cent, only on 
the amount of money received from the state shall be ap- 
One-lialf of portioned for library purposes as prescribed herein: I^ro- 
libiary money vided., That when the district board or school commission- 
S'lheteShTcI ®^'^5 ^^^^'^ ^^ determine, a portion of the library money, not 
of musie. ° exceeding one half the amount so appropriated, may be 

applied to the teaching of music in such schools. 
District may ^^c. 75. The taxable inhabitants of each school district 
vote tax for 11- shall have power, when lawfully assembled at any annual 
brary. district meeting, to vote a tax on the district not exceeding 

thirty dollars in any one year, for a district library, con- 
sisting of such books as they may direct their district board, 
or any other person, at such district meeting, to purchase; 
and such further sum as they may deem necessary for the 
purchase of a book case. 
Librarian, Low Sec. 76. The clerk of the district, or such other person 
appointed. as the taxable inhabitants may at any legal meeting ap- 
point by a majority of votes, shall be the librarian of the 
district, and shall have the care and custody of the district 
library. 
Fines and pen- Sec. 77. Every school district library, and the appurte- 
altics, Low nances thereunto belonging, shall be deemed to be vested 
sued for and ^j-j ^}^g district board of the dis;;rict, so as to enable them to 
maintain any action for the same, or for the value thereof, 
or for the recovery of any fine or penalty for damage done 
to any book or books, or neglect to return, or loss of the 
same; and all such fines and penalties incurred in conse- 
quence of a violation of any regulation lawfully established 
in respect to district libraries, shall be sued for and col- 
lected in the namo of such district board, and when so col- 
lected shall be applied for the benefit of such district li- 
brary. 
Adjoining dis- Sec. 78. The legal voters in any two or more adjoining- 
tricts may _ districts may, in such cases as may be approved by the 
^mte libraries, ^^^^^^ superintendent, unite their libraries, and also their 
library moneys, as they shall be collected or received, and 
purchase a joint library for such districts, which shall be 
selected by the district boards thereof, or by such persons 
as they shall designate, and shall be under the charge of a 



COMMON SCHOOLS. 29' 

librarian to be appointed bj the district boards of sncli ^-i^ra^antobe 

districts, and the provisions of this chapter shall be appli- ^PP°''^te'^- 

cable to such joint libraries, except that the property in 

them, and their appurtenances, shall be deemed vested in 

all the district boards, for the time being, of the districts 

so united; and in case any such district shall desire to di- How library to 

vide such library, such division shall be made by the di- ^ ^^i e . 

rectors of the districts whose libraries are so united, and in 

case they can not agree, then such division shall be made 

by the town superintendent. 

OF SUITS AND JUDGMENTS AGAINST SCHOOL DISTEICT3. 

Sec. 79. Justices of the peace shall have jurisdiction in Whosball_ 
all cases, in which a school district is a party interested, liavejunsdic- 
when the amount claimed by the plaintiff" shall not exceed gcUooi district 
one hundred dollars, and the party shall have the same is interested, 
right of ajDpeal as in other cases; and when a suit shall be 
brought against any school district, it shall be commenced 
by summons, a copy of which shall be left with the direc- 
tor of such district. 

Sec. 80. No execution shall issue on any judgment Execution not 
against a school district, nor shall any suit be brought *'° '^^^^• 
thereon ; but the same shall be collected in the manner 
prescribed in this chapter. 

Sec. 81. Whenever atiy final judgment shall be obtain- How sLich 
ed ao-ainst any school district, if the same shall not be re- .i"'^^2^'^?^*^°^'^ 

1 • ' • CGl'LlIlGCl 

moved to any other conrt, tJie director of such district 
shall certify to the town clerk of the town, the date' and 
amount of such judgment, with the name of the party in 
whose favor the same was rendered; and if such judg- 
ment shall be removed to another court, the director shall 
certify the same as aforesaid, immediately after the final 
determination thereof against the district. 

Sec. 82. If the director shall fail to certify such judg- ibid, 
ment, as required in the preceding section, it shall be law- 
ful for the party obtaining the same, his agent or legal 
representatives, to file with the town clerk of the town, 
the certificate of the justice or clerk of the court rendering 
the judgment, showing the facts which should have been 
certified by such director. 

Sec. 83. If the district against which any such judg- How certified 
ment shall be rendered, is situate in parts of two or more '".jo'itdis- 
towns, a certificate thereof shall be delivered as aforesaid ^'^^^^^' 
to the town clerk of each town in which such district is in. 
part situated. 



30 



LAAVS KELATING TO 



Judgment to Scc. Si. Tlic town ck-rk receiving either of the certifi- 

t'o'wn^cl^i^kou ^^'^'^^ *^'^' '^ J^*-^n'"^"^ ^'^ '^^^^ ^^'^'^ prOCQGcl tO aSSeSS 

taxable prop- the aniouut thereof, with interest from the date of such 
ertyof district. ju(l(rii)ent to tlie time when the warrant for the collection 
thereof will expire, upon the taxahle i)roperty of said dis- 
trict, jilacing the same on the next town assessment roll ia 
a sejjarate column, and the same proceedinij^s shall 1)0 had 
thereon, and the same shall be collected and returned, in 
the same manner as other town taxes, and shall be ])aid to 
the party entitled thereto. If such district is situated in 
two or more towns, the clerk of each town shall, on de- 
mand of any person interested, furnish fur the clerk of 
every other town in which any part of the district is 
situated, a certiticate showing the total amount of the val- 
uations of taxable property in that part of the district 
situate in his town, according to the last assessment roll of 
said town, and the amount of the judgment shall be as- 
sessed upon the respective parts of the district within the 
several towns in proportion to such valuation. In all cases 
when for any reason, the clerk of any town has lieretofore 
failed, or shall hereafter fiil to assess the amount of any 
such judgment, or the proper proportion therecf, in the 
next assessment roll after the rendition of the judgment, it 
shall bd his duty to assess the same in any subsequent as- 
sessment roll within two years thereafter, upon the taxable 
property within the district, or part of a district, situate 
within his town, according to its limits at the time of 
makini; the assessment. 



How assessed 
in joiot dis- 
tricts. 



PENALTIES AND LIABILITIES. 



Forfeiture for 
neglect to 
serve notice, 
and to act as 
chairman. 



Penalty for 
neglect or re- 
fusal to servo 
aa district ofli 



Sec. 85. Every taxable inhabitant, receiving the notice 
mentioned in the first and secoml sections of this chapter, 
who shall neglect or refuse duly to serve and return said. 
notice, and every chairman of the first district meeting in 
any district, who shall willfully neglect or refuse to perforin 
the duties enjoined on him in this chapter, shall respective- 
ly forfeit the sum of five dollars. 

Sec. 8G. Every person duly elected to the office of di- 
rector, treasurer, or clerk of any school district, who shall 
neglect or refuse without sufficient cause, to accept of such- 
oftice, and serve therein, or who, having entered upon the 
duties of his office, shall neglect or refuse to perform any 
duty rerpiired of him by the provisions of this chapter, 
fihall forfeit the sum of ten dollars. 



COMMON SCnOOLS. 31 

Sec. 87. Every town superintondent wlio shall neglect Penalty on su- 
or refuse to make and deliver to the clerk of tlic county P^'y'otendent 

11,. • 1 • 1 i. • 1 ■ ^1 • 101 neglect or 

board or supervisors Ins annual report, as required m this refusal to make 

chapter, within the time limited therefor, shall be liable to his annual re- 
pay the full amount of mone}^ lost b}^ such neglect or re- gu peryigor-^ °^ 
fusal, with interest thereon, to be recovered by the to wn 
treasurer in the name of the town. 

Sec. 88. Every clerk of the county board of supervisors. Penalty on 
who shall neglect or refuse to make the report required in clerk of board 
this chapter to bo made by him to the state superintendent ^^"^"egiect or 
■within the time therefor limited, shall be liable to pay to Lis report to 
each town the full amount which such town, or any school state superin- 
district therein, shall lose by such neglect or refusal, with ^'^°<^^°t. 
interest thereon, to be recovered in the manner specified, 
in the preceding section. 

Sec Sd. All moneys collected or received by any town How certain 
treasurer, under the provisions of either of the last two pre- penalties to be 
ceding sections, shall be apportioned and distributed to the ^PPl^^'i" 
school districts entitled thereto, in the same manner and 
in the same proportion, that the moneys lost by any neg- 
lect or refusal therein mentioned would, according to the 
provisions of this chapter, have been apportioned and dis- 
tributed. 

Sec. 90. Every clerk of a district who shall willfully sign Penalty on 
a false report to the town superintendent of his town, with clerk of aistricfe 
intent of causing such town superintendent to apportion |!°f ™^^'°s 
to his district a larger sum than its just proportion of school ^ ^^^°^ 
moneys of. the town, shall be deemed guilty of a misde- 
meanor, and punished by fine not exceeding one hundred 
dollars, or by imprisonment not exceeding six months. 

Sec. 91. Every school district clerk who shall neglect or samefornot 
refuse to deliver to his successor in ofHce, all records, books, delivering 
and papers appertaining to such office, shall be subject to b?oks, (fee, to 
a line not exceeding fifty dollars. ^'' ^"•="''°'"- 

MISCELLANEOUS PROVISIONS. 

Sec. 92. It shall be competent for any legally organized Districts may 
school district in this state, to commence suit on the official suo town su- 
bond of the town superintendent of common schools of the ^^'1°'^®'?^?°'^* 

1 • 1 , 1 T . . . 1 (^ 1 f^^ bona, la 

town m which such district is situated, tor the recovery of certala cases. 
any moneys lawfully due and belonging to such district, 
in all cases where such town superintendent shall neglect 
or refuse, for the space of ten days from the time by law 
fixed therefor, to apportion and pay over to the proper offi- 
cer of such district, the school moneys aforesaid. 



32 



LAWS RELATING TO 



District or 
town superin- 
tendent may 
sue town and 
county treasu- 
rer in certain 
cases. 



How to com- 
mence suit on 
bond. 

District liable 
for costs. 



Certified copy 
ofbond by offi- 
cer holding it, 
sufficient proof 



"When suit may 
be commenced 
before justice. 

Town superin- 
tendent shall 
make maps of 
all districts in 
his town. 



Same to note 
alterations. 



Same to fur- 
nish clerk of 
new district 
with map. 

State superin- 
tendent to pro- 
vide districts 
■with all a- 
mendinents to 
this law. 



Sec. 93. It sball also be competent for sncli school dis- 
trict, or the town superintendent of schools, in case of de- 
fault of the town treasurer or county treasurer to pay over 
to the town superintendent of tlie town in which such dis- 
trict is situated, the school moneys which hj law should be 
paid over to such superintendent, to commence suit on the 
official bond of such town or county treasurer, for the re- 
covery of such moneys. 

Sec. 94. For the purpose of this act, the said school dis- 
trict, or the said superintendent, shall have full power and 
right to commence suit in the name of the persons or offi- 
cers to whom any bond as aforesaid shall be given, and to 
control and prosecute such suits without hindrance from 
the nominal plaintiffs to such suits, provided that such dis- 
trict or superintendent, as the case may be, shall be re- 
sponsible for an}"- costs that may be finally adjudged against 
the plaintiffs. 

Sec. 95. In the prosecution of suits under this act, a co- 
py of the official bond sued upon, duly certified by the 
officer in whose custody such bond is placed by law, shall 
be deemed sufficient for all purpose^ of proof required in 
law, in said suits. And any suits under this act, in which 
the sum claimed to be justly due shall not exceed the sum 
of one hundred dollars, may be commenced and prosecuted 
before any justice of the peace in the same manner as 
other cases. 

Sec. 96. It shall be the duty of the town superintendent 
of each town, to make a map of all the school districts and 
parts of districts in liis town, specifying the sections, parts 
of sections or other subdivisions therein embraced, and file 
the same with the town clerk on or before the first Monday 
of September next ; and also a map of each district, in 
like manner, and file the same with the clerk of such dis- 
trict within the time above specified. And whenever 
thereafter any alteration shall be made in the boundaries 
of any school district, the town superintendent shall cause 
such alteration to be marked on the map filed with the town 
clerk, and on the map of the district or districts affected by 
such alteration. In case of the formation of a new district, 
he shall furnish the clerk of such new district with a map 
thereof, and cause the same to be marked out on the map 
filed in the town cleik's office. 

Sec. 97. Whenever hereafter, any amendment shall be 
made to the provisions of this chapter, it shall be the duty 
of the state superintendent to furnish a copy of such amend- 
ment to every school district in the state. 



COMMON SCHOOLS. 33 

Sec. 98. Chapter nineteen of revised statutes : " An act Repealing see- 
to amend chapter nineteen, title seven, part first, of revised ^^°°" 
stautes," approved March 6th, 1851 ; 

" An act to confer certain powers upon organized school 
districts, and for other purposes," approved March 11, 1851; 

" An act directing in what district personal property shall 
be taxed for school purposes," approved April 9th, 1862 ; 

"An act to amend chapter nineteen, section seventy- 
three of the revised statutes," approved April 9th, 1852 ; 

"An act to amend chapter nineteen of the revised stat- 
utes," approved March 19th, 1853; 

" An act to amend chapter nineteen of the revised stat- 
utes of this state," approved March 29th, 1853; 

"An act to amend chapter nineteen of the revised sta- 
tutes," approved March 14, 1853; 

" An act in relation to appeals from the decision of town 
superintendents," approved April 2, 1853 ; and " An act 
concerning school districts," approved February 25, 1854, 
are hereby repealed. 

Sec. 99. The superintendent of public instruction is Copies of this 
hereby authorized and directed to cause seven thousand j*.^* *^"^°P^^" 
copies of this act to be published in pamphlet form, in- tributed. 
eluding therein such rules, forms and regulations as he 
may deem necessary to carry into effect the provisions of 
this act ; and when thus published, it shall be the duty of 
the superintendent to distribute to each school district in 
this State, one copy of the same, one copy to each town 
superintendent, one copy to the clerk of the board of su- 
pervisors of each county in the state, and one copy to each 
of the clerks of the several cities in the State. 

Sec. 100. This act shall take effect and be in force from when to take 
and after the first day of July, one thousand eight hun- effect, 
dred and fifty-four. 

STATE OF WISCONSIK ) 

c in, ' y SS. 

Secretary s Office. ) 

I, JOHN W. HUNT, Assistant Secretary of State of the 

State of Wisconsin, do hereby certify that I have compared 

the acts and parts of acts contained in this book with the 

original enrolled acts and parts of acts deposited in this 

office, and that the same appear to have been correctly 

*^ ' In witness whereof, I have hereunto set my 

hand, and aftixed the great seal of the 
(l. s.) State, at the Capitol, in Madison, this 

26th day of i\i ay, A. D. 1854. 

JOHN W. HUNT, Asst. Secretary of State. 



REGULATIONS CONCERNING APPEALS. 



STATE SUPERINTENDENT. 



1. An appeal must be in writing, signed by the appellant ; and all the 
facts therein stated, with the accompanying maps and papers, inteaded 
to be presented in support of it, must be verified by oath. 

2. When the appeal has relation to the formation or alteration of a, 
school district, it must be accompanied by a map of the district, exhibit- 
ing the site of the school house, the location of each inhabitant residing; 
therein, the roads and lines of the old and new district, and all other 
information bearing upon the case. Also, a list of the value of the tax- 
able property, taken from the last assessment roll, and the number of 
children between four and twenty years of age, belonging to each in- 
habitant, distinguishing the districts to which they respectively belong. 

3. AVhen any proceeding of a district meeting is appealed from, any 
one or more of the inhabitants of such district may answer the appeal, 
if the same is not answered by the district board. 

4. When the appellant is the district board, a majority must sign the 
appeal. 

5. A copy of the appeal duly verified by oath, and of all the state- 
ments, maps and papers, intended to be presented in support of it, must 
be served on the officer or officers whose act or decision is complained of^ 
or some one of them ; if it is from the decision or proceeding of a dis- 
trict meeting, upon the district clerk, or one of the district board, whose 
duty it shall be to cause information of such appeal to be given to tlie 



86 EEGULATIONS CONCERNING APPEALS. 

inhabitants wlio voted for the decision or proceeding appealed from, 
SUcK service must be made within thirty days after the making of the de- 
cision, or the performance of the act complained of, or within thirty days 
after the knowledge of the cause of complaint came to the appellant, or 
some satisfactory excuse must be rendered for the delay. 

6. The party on whom the appeal is served must, within fifteen days 
from the time of such service, answer the same, either by concurring in 
a statement of facts with the appellant, or by a separate answer. Such 
statement and answer must be in writing, and be signed and verified by 

-Oath, by the party making it. 

7. A copy of the answer, duly verified by oath, and of all the state- 
Baeuts, maps and papers, intended to be presented in support of it, must 
be served on the appellant, or some one of them, within fifteen days after 
the service of the appeal, unless further time shall be allowed by the 
state superintendent, on application, in special cases. 

8. Affidavit, or admission of service of copies of the appeal, answer, 
and all other papers intended to be used on the hearing of the appeal, 
must in all cases accompany the same. 

9. No replication or rejoinder shall be allowed, except by permission 
of the state superintendent. 

10. All decisions on appeal must be filed or recorded as the state 
syperiutendent shall direct. 



LIBRARY REGULATIONS. 



REGULATIONS EMBODIED IN THE LAW. 

1. The state superintendent shall prescribe rules and regulatioBS fw 
the management of school district libraries, and the penalties fo? theilE^ 
violation. (Section 49, I; Sec. 74, VII.) 

2. Each town superintendent may, in his discretion, set apart a sxiia 
not exceeding ten per cent, of the gross amount of the school money ap* 
portioned to any school district, which shall be applied to the pur(jliaEfe 
of a district library. (Sec. 74, VII.) 

3. Any school district failing to comply with the library regulations^ 
or to expend all the library money according to law, before the first day- 
of September after it is received, forfeits the succeeding apportioiimeak 
(Sec. 45, VII.) 

4. Any resident of a school district, and the parents and guardians of 
all the children therein, between the ages of four and twenty YearSj, 
shall be permitted to use books from the shool district library of sal<i 
district without charge. (Sec. 74, VII.) 

5. Any school district may raise by tax, annually, the sum of feiTtT 
dollars for a district library, and such sum as is necessary for tli© bts^^ 
chase of a book case. (Sec. 75, VII.) 

6. The district, meeting may elect a librarian ; otherwise the chxk ^i 
the district shall be the librarian. (Sec. 76, VII.) 

7. All fines incurred by violation of the library regulations sliall h^ 
sued for and collected in the name of the district board, and applied .tor 
the benefit of the library. (Sec. 77, VII.) 



38 



LIBRABT KEGULATIONS. 



8. Any two or more adjoining districts may, Avitli the consent of the 
town superintendent, unite their means and form a joint library, which 
shall be deemed vested in the district boards of the districts so uniting 
their libraries ; and the librarian shall be appointed by such district boards. 
The division of a joint library, whei^ desired, shall be made by the direc- 
tors of the districts concerned in it, or in case they can not agree, by the 
town superintendent. (Sec. 78, VII.) 

EEGULATIONS BY THE STATE SUPERINTENDENT. 

9. The district librarian shall have charge of the library, and keep a 
catalogue of all the books in the library under his care, in a book to be 
provided by the district for that purpose. 

10. Every volume in the library shall have pasted on the inside of the 
cover a printed paper, specifying the name of the district ; the number 
of the volume ; the time books are allowed to remain out of the library ; 
the fine for not returning them within the specified time, and for loss of 
ox injury to the books. 

11. Every volume loaned shall be entered by the librarian in a book, 
to be provided by the district for that purpose, by its number, with the 
day on which it was loaned ; the name of the borrower, and the name of 
the person to whom it is charged, (see regulation 13;) the date when 
returned, and condition of the book ; the fine assessed for detention or 
injury done to the book, in the following form : 



Time of No. of To whom 
delirerT. hook, rlelivered. 



'I'o whom 



When returned. 



Condition 
of book. 



Fine for 
detention. 



Fine for 
injury. 



Juno 10. 44 JnoWard Wra. S. Green. 



June 24. 



Good. 



12. No person shall be allowed to have more than one volume at a 
time, or retain the same longer than two weeks ; nor shall any person, 
■who has incurred a fine imposed by these regulations, receive a book 
while such fine remains unpaid. 

13. Books may be loaned to minors and charged to their parents, guar- 
dians, or the person with Avhom they reside, who shall be responsible for 
the books under these regulations. 

14. On the election of a librarian, his predecessor shall, within ten days 
thereafter, deliver to him all the printed and manuscript books, pamphlets, 



LIBKAET EEGULATIONS. 39 

papers, cases, and all other property belonging to the library which was 
in his custody, for which the librarian shall give him a full receipt, dis- 
oharging him from all responsibility therefor, except in the case herein 
provided; and on receiving the library property, the librarian shall care- 
fully examine all the books, etc., and if any loss or injury shall have been 
sustained, for which a fine has not been imposed by his predecessor, or 
for which a fine has been imposed and not certified by him to the treas- 
urer, the librarian shall certify the amount thereof to the treasurer, who 
shall collect the same of such predecessor in the same manner as other 
fines are collected. 

15. In case of a vacancy in the office of librarian, the district clerk 
shall perform the duties of librarian, until the vacancy is filled. 

16. If any person having held the office of librarian shall neglect or 
refuse to deliver to his successor all the library property, as prescribed in 
the fourteenth regulation, the director shall forthwith commence suit, in 
the name of the district board, for the recovery of the property he shall 
so neglect or refuse to deliver. 

17. On the return of every book to the library, the librarian shall ex- 
amine it carefully, to ascertain what injury, if any, has been sustained by 
it, and shall charge the amount of fine accordingly ; and in every case of 
injury not specified in these regulations, he shall assess the amount of 
damages to be paid, subject to revision by the district board. 

18. The following fines are established by the state superintendent, 
viz. : 

1st. For detaining a book beyond two weeks, five cents per week. 
2nd. For the loss of a volume, the cost of the book ; and if one of a 
■set, an amount sufficient to replace it, or to purchase a new set. 

' Srd. For a leaf of the context torn out and lost, or so soiled as to ren- 
der it illegible, the cost of the book. 

4th. For any other injury beyond ordinary wear, an amount propor- 
tionate to the injury, to be estimated by the librarian. 

5th. "Whenever any book shall not be returned within six weeks frorn 
the time it was loaned, it shall be deemed to be lost, and the person so 
detaining it, shall be charged with its cost in addition to the weekly fine 
for detaining the book, up to the time such charge is made. But if the 
'book is finally returned, the charge for loss shall be remitted ; and the 



40 LIB-RAEY EEGULA-TIOUS. 

fine for not returning the same be levied up to the time of such return; : 
Provided, that in no case shall the am.ount of weekly lines exceed double, 
the cost of the book. is ttioil '■ 

19. On the third Monday of August, November, Fiebruary and May, 
and also immediately before he vacates his office, the librarian shall re- 
port to the district treasurer the names of every person liable for fines, 
and the amount each such person is liable to pay ; and the treasurer 
shall give the librarian a certificate of the same, and immediately pro- 
ceed to collect the same, and if not paid, shall so certify to the director, 
•who shall forth vi^ith bring suit in the name of the district board' far the 
recovery thereof. 

20. All library fines shall be paid to the district treasurer, who shall 
keep account of the same, and shall report thereon to the annual district 
meeting, giving the name of each individual fined, the amount of his 
fine, and the sum total of all fines, Avhich report shall be recorded by the 
clerk ; and the district treasurer shall be responsible for all fines not col- 
lected through his neglect. 

21. On the first day of September in each year, the librarian shall re- 
port to the district clerk, as follows : 

1st. The number of volumes in the library ; 
2d. The number of volumes purchased during the year ; 
3d. The number of volumes presented during the year ; 
4th. The number of volumes loaned during the year \^counting each 
volume one for each time it is loaned^ ; 
5th. Amount of fines collected ; 
6th. Amount of fines expended ; 
7th. Amount of fines remaining unexpended. 

22. The district clerk in his annual report to the town superintendent, 
shall state — 

1st. The number of volumes in the library; 
2d. The number of volumes purchased during the year ; 
3d. The number of volumes presented during the year ; 
4th. The number of volumes loaned during the year ; 
5th. Amount of library money received from town superintendent ; 
6th. Amount of library money raised by tax in district ; 
'^tli. Amount expended in purchasing books ; 
""Sfli. Amount remaining unexpended ; 



LIBRARY REGULATIONS. 41 

9th. Amount of library fines collected ; 
roth. Amount of fines expended; 

11th. Amount of fines unexpended, and also certify whether the libra- 
ry regulations have been complied with. 

23. The town superintendent in his annual report to the clerk of the 
county board of supervisors, and the clerk of the county board of super- 
visors in his annual report to the state superintendent, shall, in addition, 
towhat is already required, report the following facts for the town and 
county, respectively ; 

1st. The number of district libraries ; 

2d. Number of joint libraries ; 

3d. Number of volumes in all the libraries ; 

4th. Number of volumes purchased during the year; 

5th. Number of volumes presented during the year ; 

6th. Number of volumes loaned during the year ; 

7th. Amount of library money received from the town ; 

8th. Amount of public money expended for libraries ; 

9th. Amount of money raised by tax and expended for libraries ; 

10th. Amount of fines collected ; 

nth. Amount of fines expended; 

12th. Amount of fines remaining unexpended. 

24. The library fines collected must first be applied to the replacing of 
lost volumes, binding pamphlets, and rebinding such books as may re- 
quire it. 

25. These regulations shall apply equally to joint libraries ; and when 
a joint library is formed, the district boards, having the property of the 
same, shall appoint one of the treasurers of their respective districts treas- 
urer of the library, who shall collect all fines levied by the librarian ; and 
in case the district boards can not agree as to which of the treasurers 
shall be treasurer of the library, then the treasurer of the district in 
which the library is situated shall perform the duties of the office. 

26. The librarian and treasurer of every joint library shall report all 
matters specified to be reported by them in these regulations, directly to 
the town superintendent, and shall furnish the board of each district 
concerned in the library with copies of such reports, which shall be re- 
corded by the clerks, and laid before the annual district meetings ; and 
no clerk of a district concerned in a joint library shall be required to re- 



42 LIBRARY REGULATIONS. 

port on library matters herein specified to the town superintendent, 
except with regard to the receipt and expenditure of library moneys ; but 
he shall certify that the library regulations have been observed, or other- 
wise as the case may be. 

27. In case of a joint district, the clerk shall report all matters con- 
nected with the library to the town superintendent of the town in which, 
the library is situated, with the exception of the receipt and expenditure 
of library moneys, which shall be reported to each town superintendent 
from whom such moneys have been received ; and a certificate of com- 
pliance with the library regulations shall be made to each such town 
superintendent. 

28. In case of a joint library, the proprietary districts of which lie in 
two or more towns, the treasurer and librarian shall report as required 
by the twenty-sixth regulation to the town superintendent of the town in 
which the library is located. 

29. No person holding the office of district treasurer shall be eligible 
to the office of librarian. 

30. On the resignation of the librarian of a joint library, the district 
boards shall immediately appoint another librarian, who shall enter upon 
his duties forthwith. 



INSTEUCTIONS AND FORMS 

FOK CONDUCTING- PROCEEDINGS UNDEE THE 

SCHOOL LAW, (VIL) 

Pursuant to the Provisions of Section 99 of the Act approred April 1st, 1854, 

Br THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



As questions frequently arise in the administration of the school la'W 
by school districts and town superintendents, which can not satisfactoiily 
be settled in the towns where they originate, the opinion of the state su- 
perintendent is solicited as to the proper construction of the law, and the 
best mode of extricating themselves from real or imaginary difficulties. 
This has given rise to an extensive correspondence with school officers 
and others, which has not been diminished by the numerous and repeated 
decisions that have been made, of which the records bear evidence. It 
is designed, in the following pages, to provide the requisite forms for 
proceedings in the administration of the law, accompanied with such ex- 
planatory notes and instructions as are thought necessary to aid school 
officers in the performance of the duties devolving upon them. 

There is also 'included in this volume, a digest of the decisions, made 
by this department, upon the points that most frequently arise, which it 
is:hopied will not only save the trduble and expense of a correspdndence 
heretofore deemed necessary, but obviate delays, and prevent, in some 
measure, difficulties that might otherwise arise. 

School officers, and others, are invited to a free and unrestricted cor- 
respondence upon all subjects relating to the school law or educational 
interests of the state. 



44 NOTES ON THE 



NOTE A. 

{See Sections 1, 2, 3, 4, 5, (5, 7, 8, of the Ad.) 

OF THE FORMATION OF SCHOOL DISTRICTS, AND THEIR POWERS AS CORPORATE 

BODIES. 

The principal object of the town superintendent in forming school dis- 
tricts should be, as far as possible, to secure permanent and efficient 
districts, with a sufficient amount of taxable property and number of 
children to maintain a school at least six months each year, affording the 
requisite facilities for the regular attendance of all the children residing 
in the district. Our free school system is lifeless without the sustaining 
hand of the people; hence the necessity of securing the co-operation of 
the inhabitants interested, and of avoiding all occasions for strife and dis- 
sentions which destroy, in a measure, the prosperity and efficiency of the 
district. It is in many cases impossible to satisfy all in the formation or 
alteration of the boundaries of school districts, and the superintendent, 
ha,ving discharged his duty impartially, should endeavor to reconcile 
disaffected persons to the changes made; but it is better to submit to 
many temporary and local inconveniences than to create general dissatis- 
faction by alterations that may even be highly judicious and beneficial. 
If, in the formation of a new district, it is contemplated to change the 
boundaries of a district already organized by setting off a part of its ter- 
ritory into the new district, the notice required by section 60 must be 
given to the clerk of such district who will notify the other members of 
the board. (See Form No. 28, and note.) 

Having determined upon the boundaries of a new school district, the 
town superintendent must, within three days, notify the clerk of the dis- 
trict affected by the formation of such new district, of the alteration made 
in its boundaries. If the district board give their consent to the altera- 
tion, this notice may be given by delivering to such clerk a copy of the 
order forming such new district with the consent of the district board in- 
dorsed thereon. The change will then take effect from the date of filing 
such notice unless otherwise specified in the order. 

If the district board refuse their consent the alteration will not take 
effect until three months after the filing of such notice. (See Form No, 
29.) 



SCHOOL LAW. 45 

In all cases of the formation of a school district the town superintend 
.dent is required to give immediate notice to the town clerk, (see form No. 
1); and must. specify in the notice the time:when the order forming the 
district will take effect. In case of the formation of a joint district, the 
notice must be given as in Form No. 2. 

Notice of the first meeting of a district to organize (see Form No. 3, 
and note) should be given within twenty days after the formation takes 
effect ; but if for any cause it is not so given, it may be at a subsequent 
time. 

The person appointed for that purpose should notify every voter in 
the district of such meeting, and in case of absence from home of any 
voter he must leave a notice (see Form No. 4) at his place of residence. 
Form No. 5 may be used in making the return upon the notice given by 
the town superintendent ; which notice and return must be recorded as a 
part of the record of the first meeting, thus furnishing the district with 
an official description of its limits. 

No person can now vote in a school district meeting, who is not quali- 
fied to vote at a general election for state and county officers, and who 
has not resided in the district for the ten days immediately preceding 
the meeting at Avhich he offers to vote. The qualifications requisite for 
a voter at a general election are as follows : 

" Every male person of the age of twenty-one years or upwards, be- 
longing to either of the following classes,^ who shall have resided in the 
state for one year next preceding any election, shall be deemed a quali- 
fied voter at such election : 

1. White citizens of the United States ; 

2. White persons of foreign birth, who shall have declared their in- 
tention to become citizens, conformably to the laws of the United States 
on the subject of naturalization ; 

3. Persons of Indian blood, who have once been declared by law of 
congress to be citizens of the United States, any subsequent law of con- 
gress to the contrary notwithstanding ; 

4. Civilized persons of Indian descent, not members of any tribe. 

No person under guardianship, non compos mentis, or insane, shallbe 
qualified to vote at any election ; nor shall any person convicted of trea- 
son, felony, or bribery, unless restored to civil rights ; nor shall any per- 
son who, being an inhabitant of this state, may hereafter be engaged, 
directly or indirectly, in a duel, either as principal or accessory, be per- 



4G NOTES ON THE 

mitted to vote at any election ; nor sliall any person -who shall have 
made, or become, directly or indirectly, interested in any bet or wager 
depending upon the result of any election at which he shall offer to vote, 
be permitted to vote at such election." (Sections 1 and 2, of chap. 6, of 
Revised Statutes.) 

The law provides, that a school district shall be deemed duly organ- 
ized when any two of the officers elected shall have filed their written 
acceptance of the offices to which they have been respectively elected, 
with the district clerk ; and as none but an organized district has any 
powers under tlic law, it follows that at the first meeting of a district 
after its formation, no further business can be legally transacted than 
the election of officers, imless the persons elected are present and imme- 
diately file their written acceptance. (See Form No. 7.) 

The qualified voters of a district, when assembled at the first meeting, 
have the same power to transact business as at the annual meeting. 



NOTE B. 

{Sections 9, 10, 11, 12, 13, 14, 15.) 

DISTRICT MEETINGS. 

The time for holding the annual meeting in each district is fixed by 
law at six o'clock in the afternoon of the last Monday of September in 
each year; but any annual meeting may change the hour for holding the 
next annual meeting by vote, duly recorded. For notice of annual meet- 
ing, see Form Xo. 8. 

Special meetings may be called by the clerk, or in his absence, by the 
director or treasurer, on the Avritten request of any five legal voters of 
the district ; and the qualified voters legally assembled at a special meet- 
ing, have power to transact the same business as the annual meeting, 
except to vote a tax and elect district officers. 

But no business can be legally transacted at a special meeting which, 
was not specified in the notice calling it. (See Form No. 9.) 

The law provides that " special meetings mai/ be called," &c., by the 
clerk. The use of the word ?/i«y does not leave the matter optional with, 
the clerk. The discretion is left only with the legal voters of the district ; 
and if any five of them make a written request of the clerk to call a spe- 



SCHOOL LAW. 4T 

cial meeting stating the objects for which they wish it called, it is the 
imperative duty of the clerk to do so, and any neglect or refusal on his 
part will subject him to a fine under section 86 of the School Law. 

Six days notice must be given of each annual meeting, and of every 
meeting that shall have been adjourned for a longer time than one 
month, (see Form No. 10,) and of every special meeting, (except as pro- 
vided in section 3, Avhen a district has lost its organization,) by posting 
notices in four or more public places in the district. 

No annual meeting shall be deemed illegal for want of due notice, un- 
less it shall appear that the omission to give such notice was willful and 
fraudulent. This provision is intended to apply to cases, when through 
mistake or accident, the proper legal notice was not given, and not to 
cases where no attempt has been made to comply Avith the law. The 
above provision will apply equally to special meetings. For when the 
clerk undertakes to give the requisite notice, and fails unintentionally to 
strictlj^ comply with the law, the proceedings of the meeting will not be 
void on that account, but may be set aside on appeal, for sufficient cause 
shown. 

If the time for holding the annual meeting in any district, shall pass 
without the election of district officers, the clerk, or in his absence, 
either the director or treasurer, within twenty days after the time for 
holding such annual meeting, may notify a special meeting for such elec- 
tion in the manner prescribed in the twelfth and twenty-ninth sections, 
&c. ' That is, the clerk must call the meeting if requested by five legal 
voters, and must give notice the same as for any other special meeting. 
If a special meeting is not thus called, the town superintendent may, in 
his discretion, call a meeting, (See Form No. 6,) or suffer the old officers 
to hold over ; but it is always best to choose officers annually, even, 
though the old officers are re-elected. 

No school district meeting can vote to raise a sum exceeding three 
hundred dollars for building, hiring, or purchasing a school house, with- 
out a written certificate from the superintendent of the town in wJiich the 
sukool house is to he situated, that a larger sum ought to be raised. (See 
Form No. 11.) In a joint school district, a majority of the superintend- 
ents of the towns in which such district is situated, must sign the certifi- 
cate before a larger sum than $300 can be voted to build; hire, or pur- 
chase a school house. 



'48 NOTES OK THE 

MODE OF PROCEEDING. 

The law does not specify "what number of voters sball constitute a quo- 
rum for the transaction of business at a district meeting ; and if the notice 
of any meeting has been legally and fairly given, and the proceedings 
are regular, they will not be disturbed because of the few voters that 
were in attendance. It is the privilege and the duty of all voters in a 
district to assemble at the time and place appointed for the transaction of 
business, and for deliberation and consultation upon the various interests 
connected with their schools. Such meetings should be conducted with 
order, regularity and decorum ; no other feeling than a sincere desire to 
promote union, harmony and concert of action should be there entertain- 
ed. It is the Avill of a majority of the district that is required to secure 
efficiency in the acts of the district. 

At the appointed hour, after making an allowance of fifteen or twenty 
minutes for difference in time pieces if the voters are not all assembled, 
the meeting should organize by the appointment of a chairman, the clerk 
of the district acting as clerk of the meeting. If the clerk is not present, 
or if it is the first meeting of the district, the meeting should choose a 
clerk for the time being. 

The meeting is then organized for the transaction of business ; and if 
there are but a few voters of the district present, it is always advisable 
to adjourn the meeting, if a larger number can be assembled by so do- 
ing. 

The regular mode of choosing district officers is by ballot, separately 
for each office, and this mode of proceeding should not be dispensed with 
under any circumstances. 

A majority of all the votes cast is necessary to elect; and when officers 
have been fairly elected, it is not in the power of the meeting to re-con- 
sider or rescind the vote by which they were chosen. If any person so 
chosen is present and signifies to the meeting that he will not accept, the 
meeting may, as thought best, make another choice, or allow the vacan- 
cy to be filled by appointment, though it is better to make another choice 
at once. 

All other business of the meeting should be transacted by written reso- 
lution, regularly put to vote in the customary manner. If there i-s any 
doubt in ascertaining the result of any vote, the persons voting for or 
against any resolution should be determined by count, or by ayes and 



SCHOOL LAW. 4S^ 

nays. It is desirable that the votes taken on all resolutions contemplafe- 
ino- the raising of taxes, should he by ayes and nays. And to prevent 
delay in the proceediiigs of the meeting, the clerk should have prepai'ed 
a list of the voters of the district, for taking the ayes and nays upon tha 
different propositions that will probably come before the meeting after 
the followina: form : 



NAMES OF VOTERS. 


On resolution 

to desigfnate 

School fclouse 

site. 


On resolution 

to raise $250, 

tax to build 

School House. 


On resolution 

to raise f 40, 

tax to pay 

Teacliers* 

wacres. 


On resolution 
to raise $15, 

tax for :! 

Library. 


Ayes. 


Nays. 


Ayes. 


Nays. 


Ayes. 


Nays. 


Ayes. 


Nays. ; 

i 

— . 

J, 


James Miller 


5 




-- 






3 


" 


Thomas Carrol, 

John Olark, 


Edward Ross 

Henry Bdliugs, 

William Johnson, 

Alvin Morris, 







7 


4 


5 



As the law now provides that no school district tax can be legally 
voted, except at the first and each annual meeting, and that all district 
taxes must be collected by the town treasurer, it becomes necessary fo^ 
the district board of each district to estimate the expenses necessary to ibfe 
incurred by the district for the ensuing year, and submit a detailed stite- 
ment thereof, stating separately each item of expenditure, to the annual 
meeting. 

All propositions brought before a district meeting should be voted iipott 
separately/, in order to obtain an expression of the real wish of every voter 
upon each of the propositions submitted. 

School districts may alter, repeal, or modify their proceedings as oc- 
casion may require. This can not be construed to apply to the electioQ. 
of officers, or to any proceedings that have been partially or wholly car^ 
ried into effect ; as where contracts have been entered into, liabilities m- 
curred, or expenditures of money had, in carrying out any measure, 
directed by the district, as there are no means provided to indemnify thosa ■ 
who may be losers thereby. If it is intended to alter or modify at a spe^ 
cial meeting any proceedings of a previous meeting, the intention to do- 
so must be specified in the notice calling such meeting. 



50 NOTES ON THE 

It is the duty of the person acting as clerk to keep accurate minutes of 
■fhe proceedings ; and before the meetijig is adjourned these minutes should 
'he read that errors, if anj, may be corrected, and afterwards they should 
be recorded by the clerk in the record book of the district. 

No particular form is required for keeping the minutes of the proceed- 
ings of a district meeting. They should be recorded just as they oc- 
curred. It is important, however, that the time and place of holding 
and character of the meeting, should be distinctly stated, which may be 
as follows : 

" At a meeting of the legal voters of school district No. — of the town 

of held pursuant to adjournment, at on the day of 

18 — , \or, if it is the annual meeting, say, "at an annual meeting of, tfcc, 
held pursuant to notice, at," c&c; or if it is a special meeting, say, " at a 
special meeting of, etc., held pursuant to a special notice by the clerk, at,^' 
<kc.; or if it is appointed by the town superintendent, say, " at a meeting of 
the legal voters of, d'c, held pursuant to ap2:>ointment by the town superinten- 
dent, and notice served on all the qualified voters of the district, at," tfec] 
A. B. was chosen chairman, and C. D. was present as district clerk, \orf 
if the clerk is not present, say, "the clerk being absent, R. S. was chosen 
clerk, pro tem."^ 

Then enter the proceedings in the form of resolutions, and stat j wheth- 
er adopted or rejected, and the names of every person voting for and 
against any resolution, if the ayes and nays are called. 

By section 15 the qualified voters, at an annual meeting, may determine 
the length of time a school shall be taught, whether by a male or female 
teacher, the application of public money, &c. ; but if the meeting does not 
direct the board in these matters, it becomes their duty to act the same 
as the district might have acted. It must be borne in mind that none 
but the annual meeting can direct the district board in these matters, 
though a special meeting may advise and recommend. 

The board are authorized to hire a teacher for three months, even 
though the district vote that they will have no school. 

It is desirable and important that schools should be taught in every 
district in the state throughout the year, with the exception of the usual 
vacations ; but as this is impossible in a great majority of districts, there 
should be at least two terms, one commencing on the first of May, and 
tlie other on the first of November, thus accommodating a class of schol- 



SCHOOL LAW. 51 

ars who are necessarily engaged in agricultural or other pursuits, and 
unable to attend school during the summer months. 

i ill ■ivjl '-: 

I^OTE C. 

{See from Sections 16 to 3 2, inclusive.) 
DISTRICT OFFICERS AND THEIR DUTIES. 

The officers of a school district are a director, treasurer and clerk, who 
constitute the district board, and a majority of the members thereof is 
sufficient to give validity to any act of theirs as a district board. They 
hold their respective offices until the annual meeting succeeding their 
election or appointment, and until their successors are elected and quali- 
fied, but not to exceed ten days beyond the second annual meeting after 
their election. The manner of calling a special meeting to elect district 
officers when the annual meeting has passed without an election, has been 
considered in Note B. 

District officers are not required to file a written acceptance with the 
clerk, except at the organization of a district, and when an appointment 
has been made to fill a vacancy. The clerk of the meeting, at which offi- 
cers were elected, is required to notify the persons elect who were not 
present at the time of their election, (See Form No. 12 ;) and unless each 
person so elected and notified, shall, within ten days after his election 
file with the clerk his refusal in Avriting to accept the same, he shall be 
deemed to have accepted the office, (See Form No. 13.) A person ap- 
pointed to fill a vacancy (See Form No. 24,) must file a written accept- 
ance. (See Form No. 7.) 

It is the duty of the director to sign all orders drawn by the clerk on 
the treasurer, (See Form No. 14,) or the treasurer is not required to par 
them. But the director is expected to see that the orders drawn bv the 
clerk are legitimate and proper, and contemplate no illegal or unauthor- 
ized disbursement of public money. 

TREASURER. 

The office of treasurer is vacant unless the person elected qualifies with- 
in ten days, by filing his bond, duly approved by the director and 
clerk. (See Form. No. 16.) The duties of treasurer are far less onerous 
than formerly, as he is not now required to collect school district taxes; 
but he is required to keep account of all money received by him during 



52 NOTES ON THE 

the year, and of all money disbursed by him, with the items of such dis- 
bursements, which must be embodied in a report to' the annual meeting, 
accompanied with vouchers for money paid out. (See Form No. 15.) 

The treasurer should be careful to keep a minute and correct account of 
every transaction of his office, and preserve the vouchers for all money 
paid out. A mere exhibition of vouchers by the treasurer to the meeting 
is not all that is required by the law. Each item of his account must be 
particularly and fully set forth and reported to the meeting, that it may 
be recorded by the clerk. The finances of the district are always a 
matter of solicitude to those interested, and a very little attention on the ■ 
part of the treasurer will enable him at all times to satisfy any one of 
their true condition, and inspire confidence in his report by convincing 
them of its correctness. The treasurer is liable on his bond for any mal- 
feasance in office, or for refusing to pay any balance that may be 'ia ^his- 
hands to his successor. >Wf!rri; '.dj i^-ubfr ?inoi7lo 

It is the duty of the treasurer to apply to the town superintehdetifr for> 
the school money due his district as soon as the same becomes payable, 
and give his receipt therefor to that officer, that he ihay be able to make 
his annual settlement with the town board of supervisors. 

The form of such receipt may be as follows : 

Received of A. B., town superintendent of schools of the town of 

, the sum of dollars, being the amount of school money 

apportioned to school district No.' k'' , of said town, by said town super- 
intendent, for the year 185 — . • '' ■'^" 

Dated, &c. F. S., 

Treasurer of school district No. — , 
of the town of . 

CLERK. ' 

The duties of the clerk are particularly specified in the law, which are . 
generally to keep all the records of the district in a book provided for 
that purpose. To aid him in the discharge of his duties the necessary 
forms accompany these notes. If not present at a district meeting, it is 
his duty to record the proceedings thereof when certified to him by the . 
clerk of the meeting. 

It is the duty of the clerk to hire. qualified teachers ; but as a contrac^^ 
made by him without the consent of either the director or treasurer, or . 



SCHOOL LAW. 53 

"b&th, is liot binding upon the district, it becomes necessaiy for the clerk to 
consult with the other officers before the contract with the teacher is com- 
plete. If the officers would on every occasion consult with each other 
on all matters left to them by the district or imposed upon them by law, 
there would be no occasion for any rnisconception of the views and feel- 
Mgs of each other ; and it would be a preventive of the difficulties arising, 
in school districts, that sometimes result in destroying the usefulness of 
the school and prostrating the energies of the district. 

The clerk is not authorized to hire any but qualified teachers, and if 
the board would invariably insist that the applicant should produce the 
necessary certificate before the contract is made, it would also prevent 
much trouble ; for a contract made with a teacher who is not qualified, is 
not binding upon the district, and the district board make themselves 
individually liable to pay the teacher. (For form of contract see No. 17.) 

The contract should be filed with the district clerk, and a duplicate 
furnished to the teacher. 

"■'■'There is a diversity of opinion and practice in relation to the word, 
■"month" when applied to schools; but general usage has determined a 
school week to mean five and one-half days, and a month twenty-two 
days ; allowing the teacher to close the school during the afternoon of 
each Saturday, or teach all day every other Saturday as may best suit 
tli>e convenience of the scholars. 

From long established and time-honored usage, schools may be closed, 
without loss of time to the teacher, on days which it is customary to ob- 
serve as holidays, among which may be enumerated the fourth of July, 
Christmas, New Year's, and the da)^ set apart by the Executive as a day 
of thankso-ivino'. 

Section 30 makes it the duty of the clerk, between the first and fifteenth 
of September in each year, to make and transmit a report in writing, 
signed b)^ himself, to the town superintendent, dated on the first day of 
September of the year in which it shall be transmitted. 

The facts required to be reported by the clerk are those contained in 
section 30 of the school law and the twenty-second library regulation, to- 
gether with some others, all of which are provided for in Form No. 18. 
The blanks are filled for the sake of example. When there is nothing ta 
be reported, a cipher should be placed opposite the heading. ^^'' '■''>'-> 

. The clerk is required to draw all orders on the treasurer. (See F6fltt^ 



54 NOTES ON THE 

No. 14.) It is tlie duty of the clerk to furnish a school register, at tte 
expense of the district, for the use of the teacher, in which shall be en" 
tered the names, ages, studies, attendance and absence of all scholars 
attending school. As it is impossible for the clerk to report to the town 
superintendent some of the facts required to be reported, unless this re- 
gister is kept, it is important that the clerk should furnish such register 
to the teacher, and his willful neglect or refusal to make the requisite 
entries will cause a forfeiture of wages. (See Form No. 19.) 

NOTE D. 

{See Sections 33 ami 3i.) 
OF THE ASSESSMENT AND COLLECTION OF TAXES. 

On or before the fourth Monday of jSTovember in each year, the district 
clerk is required to deliver to the town clerk a statement in writing, ver- 
ified by his affidavit, showing the amount of taxes voted to be raised at 
the last preceding annual meeting, and at the first meeting after the or-, 
ganization of the district, or both as the case may require, together with., 
a list of persons and corporations liable to a district tax. (See Form 
No. 20.) ,, 

In making up a list of the corporations liable to tax, the clerk will bears 
in mind that by the act of April 1st, 1854, railroads and plank roads are 
exempt from all but a state tax, and that only the real property of any 
bank or banking association can be taxed for school purposes. All other 
property is liable for school tax the same as for other taxes. 

In case of a joint district, the clerk will ascertain the proportion to be 
raised in each part of such district, and deliver a statement and list to 
the town clerk of each town in which any part of the district is situated. 
(See Form No. 21.) To enable him to furnish this statement, the towa 
clerk of each town is required, on demand, to deliver a certified state- 
ment of the real and personal property of that part of the district lying 
"within his town, to the district clerk. 

The town clerk is required by law to deliver the tax roll to the collec- 
tor on or before the second Monday of December, and if the district 
clerk should neglect until that time to deliver the requisite statement to 
the town clerk, the tax can not be collected until the following year. 



SCHOOL LAW. 55 

Upon delivery to him of such statement, the town clerk must give to the 
district clerk a certificate that he has received the same, stating the 
amount of the tax, and time when received, which must be filed in the 
office of the said district clerk. 



NOTE E. 

{See Sections 35 io 41 inclusive.') 
DISTRICT BOARD. 

It is made the duty of the district board to purchase or lease such a 
site for a school house as shall have been designated by the district, 
(See Form No. 22,) and to build, hire, or purchase such school house 
out of the funds provided for that purpose. (See Form No. 23.) As 
these are important duties imposed upon the district board, it is neces- 
sary that their authority to act in the premises should be clearly and 
distinctly shown upon the records of the district. When the district 
board are required to execute a conveyance of a school house site, the 
same form of a deed may be used as in No. 22, except that the party of 
the second part becomes the party of the first part, and the signatures of 
the board are to be made in the same manner as in the form given of a 
lease. 

If the district board remove a school house, buy a lot for a site, or do 
any other act which they are not by law authorized to do without a vote 
of the district, it is at their own peril. The voters of the district may 
ratify their proceedings at a subsequent meeting, but if they do not 
choose to do so, the district board are without remedy. 

"Section 28 requires the district board to provide the necessary append- 
ages of the school house. Of their expenses in so doing they must 
keep an accurate account, and present the same for allowance at the 
annual meeting. This general power to furnish necessary appendages 
must not be construed to warrant the district board in incurring more 
than the usual and ordinary expenses necessary to keep the school house 
in good repair, supplied with fuel and such appendages as are ordinarilj 
found in and necessary to the usefulness of a school. A black board is 
considered an indispensible appendage to a school room, and may be pro- 
vided by the district board. All extraordinary expenditures should be 
authorized by a vote of the district. 



$6 NOTES ON THE 

The district board have the care and keeping of the school house and 
otter property belonging to the district ; and in the exercise of this care, 
their first object should be to secure the school house for the use for 
'which it was built, without any interruption or embarrassment to the 
school, or any damage to the property. This being done, it is compe- 
tent for the district who are the owners of the school house, to permit it 
to be used for any moral, literarj', or useful purpose. 

The district board are authorized to purchase, at the expense of the 
district, such school books as are necessary for the use of those children 
attending school whose parents or guardians are unable to furnish them. 
This duty should never be neglected by the board, and they should 
promptly furnish books to such children, when informed by the teacher 
that they are in need of them. 

WHAT SHALL BE TAUGHT IN SCHOOLS TEXT BOOKS. 

The law requires orthography, reading, writing, English grammar, geo- 
graphy and arithmetic, to be taught in every district school. The district 
board may determine what other branches shall be taught. 

The only authority to determine what text books shall be used in schools 
is vested in the district board. This power should be exercised in every 
district, and with the two-fold object of securing uniformity of text books, 
and the works of the best authors. The necessity of uniform text books 
is so apparent to every one, that it seems unnecessary to urge upon the 
district board the important relation it bears to the success and efficiency 
of the school. There can be neither order, classification nor sj^stem, in a 
school without such uniformity, for it compels the teachers to divide the 
pupils into as many classes as there are kinds of books, so that the time 
that might have been devoted to a careful and deliberate hearing of a 
Class of ten or twelve, where all could have improved by the teachings 
and corrections of the instructor, is almost wasted in the hurried recita- 
tions of as many pupils in separate classes ; while in large schools some 
must be wholly neglected. The teacher will thus satisfy neither himself, 
his scholars or their parents. 

Recommendations have been made by this department of suitable 
books to be adopted and used in schools ; but as in many instances it is 
impossible to obtain them, let the district board consult with the teacher 
and town superintendent, and any other persons informed and interested 
upon educational matters, and determine what books shall be used. 



SCHOOL LA.W. 

NOTE F. 

TOWN SUPERINTEIirDENT HIS POWERS AND DUTIES. 

{See sections 42 to 53 inclusive.) 

Many of the duties of town superintendents of schools have been con- 
sidered in connection with other subjects, and are particularly defined in 
the sections referred to at the commencement of this note. 

By section 44 it is made his duty, between the first and fifteenth of 
October in each year, to make and transmit to the clerk of the board of 
supervisors of his county, a report in writing, bearing date on the 1st of 
October, of the year of its transmission. Such report must be made up- 
on all the particulars specified in said section and the twenty-third libra- 
ry regulation, with some additional ones, which will be found in Form 
"No. 25, according to which the report must be made. The law makes it 
the duty of the town superintendent to see that the annual reports of the 
district clerks are made correctly and in due time. A little attention to 
"the reports of the clerks at the time they are made, will enable him to 
•submit a complete report to the clerk of the board of supervisors. Dis- 
trict clerks and town superintendents are particularly and urgently re- 
quested to make full and accurate reports upon each subject upon which 
information is asked. 

The town superintendent is entitled to one dollar per day for every 
day actually and necessarily devoted by him to the dischai-ge of his du- 
ties as such officer. This provides for time spent in examining teachers, 
visiting schools, making reports, forming or altering school districts, and 
the performance of all other duties required of him by law. 

He can not receive fees under any circumstances. His account for ser- 
vices must be presented to the town board, and paid out of the town 
treasury, and not from the money raised by the town for school purposes. 
Whenever a school district is divided and a new district formed, after 
the annual report of the district clerk has been made, and before the ap- 
portionment of school moneys by the town superintendent, he shall ap- 
portion to such districts according to the number of children in each over 
the age of four and under the age of twenty years. That is, if the dis- 
trict before it was divided had eighty scholars between four and twenty 
years of age, and twenty were set into the new district, he will apportion 
the money in the proportion of twenty to sixty, and not according to the 
whole number of children that may be found in the new di^rict. 



58 NOTES ON THE 

NOTE G. 

(See Sections 54 to 59, hielusive) 
EXAMINATION OF TEACHERS, AND ANNULLING CERTIFICATES. 

The town superintendent is required, by law, to examine all candidates 
for teaching, in regard to moral character, learning and ability ; and if 
found qualified, he shall deliver to such person a certificate in the form 
prescribed by the state superintendent. (See Form No. 26.) 

The town superintendent may, if he shall think proper, limit the cer-j 
tificate to a single district, but it must remain in force for one year, un- 
less annulled. But if the candidate is found deficient in either of those 
three important requisites, a certificate should be refused. The law con-,, ' 
templates a formal examination of the qualifications of candidates which 
should be extended to all the branches requii-ed to be taught in common 
schools, and to the method of instruction. 

The duties and power thus confided to the town superintendent are 
most important and involve great responsibility, and upon their proper 
fulfillment, in a great degree, depend the elevation and improvement of 
the district scliools. He should discharge his duties in this as in all oth- 
er respects, without "fear, favor, affection, or hope of reward," with no 
other object in view than the best interests of the schools under his su- 
pervision. 

ANNULLING CERTIFICATES. 

If complaints are made against a teacher, by any person concerned, to 
the town superintendent, it is his duty to inquire into the cause of such 
complaints. If it is his intention to annul the certificate of such teacher, 
he must give ten days notice in writing to the teacher and to the district 
board, of such intention ; and should state in such notices the complaint 
or charges made. A day for hearing the charges made against the 
teacher should be appointed by the town superintendent, if desired by 
either the teacher or the district board, which will afford a fair opportu- 
nity of arriving at the truth of the allegations. If the complaint is that 
he has not sufficient qualifications, he should have an opportunity for a 
re-examination ; if on account of his mode of instruction or school govern- 
ment, the superintendent should visit the school and ascertain the truth. 
But in no cas^ should the town superintendent exercise this power iu an 



SCHOOL LAW. 



59 



arbitrary manner, nor unless he is satisfied of the truth of the charges 
preferred, or of his incompetency to teach the school. For Form of note- 
annulling teacher's certificate, see No. 27. 

INSPECTION OF SCHOOLS. 

It is the duty of the town superintendent to visit all common schools 
within his town. Section 59 particularly points out his duties as such 
visitor, and they should not be neglected. He should visit each school at 
least twice each term, or oftener if circumstances require, and should ad- 
vise with the teachers, officers and others, upon all matters pertaining to 
the school, or the. affairs of the district. All teachers will bear witness 
of the happy influence of frequent visitation of schools, not only by 
school officers, but by parents, and all persons who have children in the 
school room under their guardianship. " The teachers and scholars feel 
that they are not abandoned to neglect ; the apprehension of discredit 
will stimulate them to the greatest effort ; while the friendly suggestions 
of the visitors will tend constantly to the improvement of the schools, 
and they will themselves be more and more enabled to recommend pro- 
per measures from their better acquaintance with the subject." 

NOTE H. 

OF THE FORMATION AND ALTERATION OF SCHOOL DISTRICTS. 
{See Sections GO to 63 inclusive.) 

The method of proceeding in the formation of school districts has been 
considered in Note A. Section 60 provides that whenever the town 
superintendent contemplates any alteration in the boundaries of a school 
district, he shall give five days notice to the clerk of each district to be 
affected thereby, of the time and place he will be present to decide upon 
such proposed alteration. (See Form No. 28.) 

The district clerk will immediately notify the other members of the 
board, which may be done by giving them a copy of the notice served 
upon him. The district board may apply to the chairman of the town 
feoard of supervisors and town clerk, to be associated with the town 
superintendent ; and when such board is constituted, it requires a major- 
ity to make any change in the boundaries of the district. 

In all cases of alteration of the boundaries of a school district, 
■whether with or without the consent of the district board, it is the duty 



60 NOTES ON THE 

of the town superintendent to immediately notify the town clerk, and the' 
clerk of each district affected by such alteration. If the district board 
consent, notice may be given to the district by filing a copy of the order 
altering the district, Avith such consent endorsed thereon, with the dis- 
trict clerk. If they I'efuse their consent notice may be given according 
to Form No. 29. When the consent of the district board is given, the 
alteration takes effect from the time of filing the notice with the district 
clerk, unless otherwise specified in the order. Notice may be given to 
the town clerk by delivering to him the order making the alteration, and 
also stating when such order will take effect. 

A conditional consent can not be received from a district board ; it must 
be given without any express or implied condition, and to the specific al- 
teration made in the order. For Form of order altering boundaries of a 
district, and consent of district board, see No. 31. 

Alterations in the boundaries of a joint district must be made by the 
concurrence of the town superintendent of each town in which any part 
of the district is situated, and notice thereof must be given to the clerk of 
each such town. 

DIVISION OF PROPERTY ON THE FORMATION OF A NEW DISTRICT FROM AN 
ORGANIZED DISTRICT. 

Whenever a new district is formed wholly or partially from the terri- 
tory of a district possessing a school house or other property, it is the 
duty of the town superintendent at the time such formation takes effect, 
to ascertain and determine Avhat proportion of the value of such property 
the new district is entitled to. This amount must be ascertained by first 
determining the real condition of the district at the time of the division, 
by adding to the value of the school house the value of all other proper- 
ty, including the school house site, librar}^ apparatus and money in the 
treasury ; and from the aggregate deduct the amount of all debts due 
from such district. The new district is entitled to such proportion of 
that balance as the taxable property set off from the old district bears to- 
the whole amount of taxable property before the division. For instance, 
if the old district contained ^8,000 of taxable property, and ^2,000 was 
set into the new district, such new district is entitled to one-fourth of the 
value of the property retained hj the old district. 

Having determined the amount to which the new district is entitled, 
the town superintendent must make an order (see Form No. 32) directed^ 

\ 



SCHOOL LAW. 61 

to the district board of the district retaining the school house, &c., re- 
-quiring such district to levy and collect the amount awarded to the jie^y 
district, and pay the same to the treasurer thereof. u . ,;■ 

This division of property'- can be made only when a neto district is 
formed, and not when the boundaries of organized districts ai-e merely 
altered by the transfer of territory from one to another. 

By section 96 it is made the duty of the town superintendent to make 
a map of all the school districts in his town, before the first Monday of 
September next, and file it with the town clerk ; and within the same time 
to furnish a map of each district to the clerk thereof. After said first 
Monday of September it is his duty to mark each alteration made upon the 
ing,p in. the possession of the town clerk, and upon thexsiap of each dis- 
i^rict, that may be altered. It is but little trouble to make these maps and 
note; upon them the different changes made^ and the town superintendent 
should not fail to discharge his duty in this respect, as such maps are in- 
dispensible inmany instances where frequent changes are made, and are 
aj^ays convenient. 

NOTE I. 

"■' • "'"VALUATION AND EQUALIZATION OF PROPERTy. TOWN CLERK. 

{Sections 67, 68, 69 andlQ.) 

School taxes are assessed upon the same property as taxes for town and 
county purposes. 

Whenever, a tract of land has been assessed as a whole, or an ao-o-re- 
gate valuation has been placed upon the entire tract, and such land lies in 
different school districts, section 68 authorizes the town clerk to estimate 
the value of these different parts lying in different districts, for the pur- 
pose of school district taxation. 

As the assessments of adjoining towns frequently differ in the relative 
valuation of property, causing unequal taxation in joint school districts, 
the superintendents of the towns in part embraced by a joint district, are 
authorized, upon application of any three tax payers of the district, to 
determine the relative proportion of taxes to be assessed upon the real 
estate of the parts of such district. They shall certify their determina- 
tion to the town clerk, who is required to assess the school tax of such 
district for that year, according to such determination, if received io, 
time. 



62 NOTES ON THE 

The town clerk is required to record in a book to be kept for tbat pur- 
pose, a description of all school districts within his town, and each alter- 
ation thereof ; and he shall keep all reports, books, papers, maps, &c., 
belono-ing to the town superintendent, when requred by liim, 

NOTE J. 

CLERK OF THE COUNTr BOARD OF SUPERVISORS. 
(^Sedions 71, 72, 73.) 

The clerk of the county board of supervisors, is required, on or before 
the tenth day of November in each year, to transmit to the state superin- 
tendent a report in writing, setting forth the whole number of towns in his 
county, distinguishing those from which the required reports have been 
received from the town superintendents, and containing an abstract of 
their reports. The clerk of the county board of supervisors is request- 
ed to report upon some additional particulars, not reported upon by the 
town superintendents, all of which will be made according to Form No. 33. 

He is also required to deliver to the county treasurer, on or before the 
10th of November in each year, a written statement of the whole number 
of cbidren over the age of four, and under the age of twenty years, re- 
siding in each town, as shown by the reports of the town superintendents. 

The attention of the clerk of the board of county supervisors is direct- 
to the provisions of section 51, chapter 10, sections 43 and 44, chapter 
15, and section 5, of chapter 20, of the Revised Statutes. 

No portion of the income of the school fund can be apportioned to any 
town or city, unless such town or city has raised for school purposes, a 
sum of money equal to one-half the amount received from the state at the 
last previous apportionment. 

The law requires the county board of supervisors, at their annual 
meeting each year, to estimate and determine the amount to be raised in 
each town and citi/ for school purposes. It is not sufficient that the ag- 
gregate directed to be raised in the county is equal to one-half the amount 
received by the county at the last apportionment ; but it must appear 
from the certified statement of the clerk of the board of supervisors made 
to the state superintendent that each town and city has been directed to 
raise an amount equal to one-half that received the March previous, or 
school money cannot be apportioned to such towns and cities, under the 
provisions of the constitution. 



F E M S. 



No. 1. 

Form of notice^ to he given J>y the Tovm Superintendent to the 
Town Clerk,, of the formation of a new school district. 

[See Sections 1, 43.] 

To the Town Clerh of the town of . 

I have this day formed a new school district in the town of , 

to be called "School District No. of ," of which the 

following is a description : 

[Here mention the sections and parts of sections, or other sub- 
divisions of which such district is composed, or describe the boun- 
dary.] Such formation will take effect on the day of , 

185—. 

Dated this day of ■ 185 — . 

[Signed] A. B., 

Town Superintendent of Schools 

of the town of , 



No. 2. 

Form of Notice,, to le given hy the Town Superintendents to the 

Town Clerks,^ of the formation of a joint school district. 

[See Sections 1, 43, 65.] 

To the Town Clerk of the Town of . 

We have this day formed a new joint school district, composed 
of a part of the towns of and , to be called " Joint 



64: rOKMS. 

School District jSTo. of and ," of which the fol- 
lowing is the description : 

[Here mention the sections and parts of sections, or other sub- 
divisions of which the district is composed, or describe boundaries.] 

Such formation will take effect on the day of , 185 — . 

Dated this day of , 185 — . 

[Signed] A. B. 

Town Superintendent of Schools 

of the town of . 

E. F. 
Town Superintendent of Schools 

of the town of . 



NoU. — In case the district ii composed of parts of more than 
two town?, of course the form inu?t be changed to correspttnd, and 
the notice given to the clerk of each town in which any part of 
the district so formed is situated. 



Is^o. 3. 

Form of Notice of thefrst meet lag of a School District^ to te de- 
livered l)y the Town Sitpermte7ide>it to a taxahle inhabitant of 
the district. 

[See Sections 1, G5.] 

To A. B.^ taxaljJe inhabitant of school district No. , of » 



The town superintendent of schools of the town of , 

having formed, on the day of ,185 , a new district 

in said town, called " school district No. , of ," of 

which the following is a description \TIere describe the district as 
in Form JSfo. 1]. You are hereby directed to notify every quali- 
fied voter of said district to attend the first meeting thereof, 

which is hereby appointed to be held at the house of , in. 

said district, on the day of — , 185 , at o'clock in 

the noon, by reading this notice in the hearing of each such 

Yoter ; or in case of absence from his place of residence, by 
leaving thereat a written notice of the time and place of such 



FORMS. 65 

meeting, at least five days before the time appointed for such. 

meeting. 

Dated at , this day of ,185 . 

[Signed] A. B., 

Town Superintendent of Schools, 
of the town of . 

Note. — If it is a joint district, the notice must be signed by the 

superintendent of each town in which any part of the district 

lies. 



:n'o. 4-. 



Form of Notioe of first meeting to he left at the residence of a 

voter when cibsent. 

[See Sections 2, 65.1 

To a. B. :— 

By direction of the town superintendent of the town of ■ — , 

you are hereby notified that the first meeting of school district 

ISTo, , of , recently formed, will be held at the house of 

■ , in said district, on the day of , 185 , at • 

o'clock in the — '■ — noon. Your attendance is requested. 

Dated this day of 185 . 

[Signed] G. H., 

Person ajypointecl to give notice. 



1^0. 5. 

Form of ret^irn to he indorsed upon notice received from Town 
Superintendent on the formation of a School District. 

[See Sections 2, 65.] 

I hereby certify that I have notified the following named persons 
■ \_IIere give the names in full.'] personally, and the following named 
person [^Ilere insert nmnes.l by copy, according to the direction of 
the within notice. 

Dated this day of — ,185 . 

[Signed] G. H., 

Person appointed to give notice. 



,66 FORMS. 

No. 6. 

Form of X^otice of a meeting of a School Dutric t, to he delivered 
hy the Town Saperintendent^ to a taxable inhabitant, in case 
there is no officer to call a meeting. 

[See Section 3.] 

To A. B., a taxable inhabitant of school district No. — , of : 



You are hereby directed to notify every qualified voter of school 

district No. , of , to attend a meeting thereof, which is 

hereby appointed to be held at the house of , in said dis- 
trict, on the day of , 185 , at o'clock'in the 

noon, by reading this notice in the hearing of each such voter, or, 
in case of absence from his place of residence, by leaving thereat 
a written notice of the time and place of such meeting, at least 
five days before the time appointed for such meeting. The follow- 
ing is a description of said district : [Here describe the district as 
in Form Wo. 1.] 

Dated this • day of 185 . 

[Signed] A. B., 

Town Superintendent of Schools, 
of the town of . 



No. 7. 



Form of acceptance of office ly District Officers, to'be filed with 
the district clerk. 

[See Section 7.] 

I hereby signify my acceptance of the ofiice of '^of school 

district No. , in the town of , to which I have been 

elected. [6>r if appointed, say, " to which I have been appointed 
to fill a vacancy."] 

Dated this day of 185 — . 

[Signed] G. H. 



FORMS. '6T- 

No. 8. 
Form of Notice of Annual District Meeting. 

[See Sectious 10, 29.] 

Notice is hereby given to the qualified electors of schoor district' 

No. , of the town of , that the annual meeting of said 

district for the election of officers and the transaction of other bu- 
siness, will be held at on the day of September, pAa 

last Monday of Sejytem'ber] at 6 o'clock in the afternoon, \imUsa- 
some other hour was determined uj)on l)y the district at the lasi' 
previous annual meeting.J 

Dated this day of , 185 — . 

[Signed] C. D., 

District Clerk. 



No. 9. 
Form of Notice of Special District Meeting. 

[See Sections 12, 29.] 

Notice is hereby given to the qualified electors of school district 
No. in the town of , that a special meeting of said dis- 
trict will be held at , on the day of , 185 — , for 

the following objects. {Here jparticularly specify each item of 
lyusiness to he acted upon.'] 

Dated this ■ day of , 185 — . 

[Signed] C. D., 

District Clerks 



No. 10. 

Form of Notice for an Adjourned District Meeting., when sucA 
meeting has heen adjourned for a longer period than one m^ontA^. 

[See Section 29.] 

Notice is hereby given, that a meeting of the qualiiied electora.- 
of school district No. in the town of , will be held at. 



FORMS. 



, in said district, on the day of , 185 — , at — 

o'clock in the noon, pursuant to adjournment. 

Dated this day of • , 185 — . 

[Signed] C. D., 

District Olerk. 



No. 11. ., 

b 

Form of Certificate to he given hj the Town Superintendent in 
cases where a larger sum than $300 is necessary to huild a 
School House. 

[See Section 14.] 

I hereby certify that it is'my opinion that the sum of • dol- 
lars should be raised in school district I*^o. of the town of 

, for the purpose of building [Jiiring or iyurchasing'\ a school 

house for said district. 

Dated this day of , 185—. 

[Signed] A. B., 

Town Superintendent of Schools 

of the town of . 



]}[ote. — In case of a joint district, the certificate should be made 
and signed by a majority of the superintendents of the towns in 
which such district is siluated. 



iS^o. 12. 

Form of Wotla to le given hy the Clerh of a School District 

Meeting, to the Officers elect %cho were not lyresent at the meeting. 

[See Section 16.] 

To . : 

You are hereby notified that at a meeting of school district IsTo. 
in the the town of , held on the day of , 



185 — , you were duly elected of said district. 

Dated this day of , 185 — , 

[Signed] C. D., 

Cleik of said meeting. 

Note. — ^This notice is required to be given within five days after 
the meeting, and only to those persons elected who were not pre- 
sent at the time. 



FOEMS. 6& 

Ko. 13. 

Form of Ilefxisal to accept District Office^ to 1)6 filed loith tliQ 
Clerk of the District. 

(See Section 16.) 

To the clerk of school district No. ■ iu the town of : 

Y'ou are hereby notified of my refusal to accept the office of 
, to which I was elected at the meetino; of said district held 



on the day of 185 — . 

Dated this — — day of , 185 — . 

[Signed] G. H. 

Wote. — ^This notice of refusal must be filed within ten days after 
the election, or the person will be deemed to have accepted the 
office, and be liable to fine for non-performance of duty. 



m. 14. 



Form of Order on Treasurer for Ifoneys to he disbursed hy 
School District. 

(See Seclions 17, 19 and 31.) 

To A. B., treasurer of school district Ko. 

in the town of • — : 



■ Please pay to the sum of dollars out of any 

money in your hands belonging to said district. 

Dated this ■ day of , 185—. 

[Signed] C. D., 

District Clerk. 

G. H., 

Director^ 



No. 15. 

Form of Annual Rejport to he submitted by District Treasurer to 
Annual Meeting. 

(See Section 20.) 

I, A. B., treasurer of School district No, , in town of , 

submit the following report to the annual meeting of said district. 



70 



FORMS. 



of all moneys received and disbursed by me since the last annual 
meeting : 

[Amount received from my predecessor, . . $10 00 

<' " town superintendent, . . 75 00 

raised by tax in district, and received, . 300 00 





Total 


received, 


. 


• 


I have paid out, 












On order of district clerk 


, Dec. 3rd, 


185 , 


$20 


do. 


do. 




Jan. 10th, 


185 


40 


do. 


do. 




Feb. 1st, 


185 


10 


« do. 


do. 




Feb. 2rth, 


185 


, 55 


" do. 


do. 




May 10th, 


185 


80 


« do. 


do. 




June llthj 


185 


170 



$385 00 



$375 00 



Leaving; a balance on hand of 



$10 00 



The taxes assessed upon the taxable property of the district 



during the year have been — 


% 




For building a school house, 




$250 00 


« fuel, .... 




10 00 


" black board, 




5 00 


" outline maps, . 




15 00 


" teacher's wages, 




20 00 



All of which is respectfully submitted. 

Dated this day of September, 185 . 

[Signed] E. F., 

Treasurer of district JSTo. 
of the town of 



$300 00] 



Note, — ^The report should simply state the facts as required by 
law, and the above form may be of some aid in arranging the 
items of the report. 



FOKMS. 



Ko. 16. 



Form of Bond of District Treasurer to he filed with the 
District Glerh. 

(See Sections 21, 22, 23.) 

Know all men bj these presents, that we, E. F., treasurer of 

school district number of the town of — , and L. M., his 

surety, are held and firmly bound unto said school district in the 
sum of \]iere insert a siim of double the amount to come into the 
■treasurer'' s hands as near as can he ascertained^ to be paid to 
the eaid school district, ior the payment of which, well and truly 
to be made, we bind ourselves, our heirs, executors and adminis- 
trators, jointly and severally, firmly by these presents. Sealed 
Tvith our seals, and dated this • day of , A. D. 185 — . 

The condition of the above obligation is such that if the said E. 
P., treasurer as aforesaid, shall faithfully discharge the duties of 
his office as treasurer of said school district, then this obligation 
shall be void, otherwise of full force and virtue. 
Signed, sealed and delivered in E. F. [Seal] 

presence of K. S. L. M. [Seal] 

G. H. 

Form, of Ajoproval to he indorsed on the Bond of Treasurer. 

"We approve of the within bond and surety. 

[Signed] G. H., Director. 

C. D., Clerk. 



No. 17. 
Form of Contract hetween District and Teacher. 

(See Section 27.) 

It is hereby agreed between school district number of the 

town of ■ -^ , and L. M., a qualified teacher of the town of 

■ , that the said L. M. is to teach the common school of said 

•district for l^e term ,of 7— for the sum, of \ : dollars per 



72 roKMS, 

, [week or month as the case may 5e,] commencing on the 



day of • , A. D. 185 — , and for such services, properly- 
rendered, the said district is to pay to the said L. M. the amount 

that may be due, according to this contract, on or before the 

day of , 185 — . 

Dated this day of , 185 — . 

[Signed] C. D., District Clerk. 

L. M., Teacher. 
The director or treasurer, or both, are to indorse this contract,, 
as follows : 

I \or wel consent to the within contract. 

G. II., Direcfe^ or, 

E. F., Treasurer, or both. 



No. 18. 
Farm of Annual Re-port of the Glerh of a School District to Town 

Superintendent. 

(See Section 30.) 

Annual Report of the clerk of school district No. , of the 

town of , for the year ending August 31st, 185 . 

Ko. of male children residing in district over the age 

of four, and under the age of twenty years, . 26 

No. of female children residing in district over the age 

of four, and under the age of twenty years, . 24 

Total number of children residing in district over 

the age of four, and under the age of 20 years, . 60 

No. of children over four and under twenty years of 

age, who have attended school, . . .45 

No. of children under four years of age who have at- 
tended school, ..... 3 
No. of children over twenty years of age who have at- 
tended school, . . . • -A. ^ 

Total number who have attended school durmi^ 
the year, .... '^*% 52 



FORMS. 



73 



No. of months a school has been taught by Mr. , a 

qualified teacher, ..... 4 

No. of months a school has been taught by Miss , 

a qualified teacher, ..... 3 

Total number of months a school has been taught 
by a qualified teacher, .... 

"Wages per month paid Mr. , . . . $15 50 

Wages per month paid Miss , . . . 8 50 

Average number of months scholars over the age of 
four and under the age of twenty years, have at- 
tended school during the year, ... 6 
Amount of school money received from the town 

superintendent within the year. 
Amount of library money received from town su- 
perintendent within the year, 
Total amount received from town superintendent, 
Amount raised by tax for teachers' wages, 
" " fuel, . 

" " blackboard and maps, 

" " building school house, 

" " library books, 

\IIere state the amount raised for any other jpur- 

29ose alloioed ly law.'] 
Total amount raised by tax during the year, 
Amount received from other sources. 
Total amount in treasury during the year, 
Amount expended for teachers' wages, . 
fuel, 

building school house, 
black board and maps, 
library books, 



$67 50 

7 50 

20 00 
10 00 
20 00 
250 00 
00 00 



(C 


u 


(( 


u 


a 


u 


u 


ii 



Total amount of expenditures, 
Amount remaining unexpended. 



$75 00 



. 00 00 


Q'7« 


. 87 50 


6 < 


. 10 00 




. 250 00 




. 20 00 




, 7 50 




. 375 00 




. 00 00 






375 



300 00 



1[4 FORMS. 

Total amount of district debts at date of report, . 8 50 
Amount due to district from unpaid taxes at date 

of report, . . . . . 8 50 

Amount of library fines collected, . . 3 50 
Amount of library fines expended in repairing 

and replacing books, . . . . 3 00 

Amount of library fines unexpended, . . 50 3 50 

"Whole number of volumes in library, . . 150 

" " purchased during the year, . 12 

" " presented during the year, . 6 

" " loaned during the year [count- 

ing each volume one for each time it is loaned^ 120 

The text books used in schools are as follows : 
Spelling books — Vaughan's, Swan's, &c. 
Heading books — Sander's, Parker's. 
Geography — Mitchell's, Smith's. 
Arithmetic — Ray's, Davies', Perkins'. 
Grammar — Greene's Elements of English Grammar, 
,, McElligot's Young Analyzer. 

School house. [State whether it is a log, trick, stone 

or fraoned.'] 
Value of school house, . . . $250 00 

Site [more or less^ than one acre. 
Inclosed, or not inclosed. 
School has [one'] black board. 
l^One'] set of out line maps. 

I hereby certify that the above is a correct statement of the 
facts required to be reported ; that a common school has been 
taught in this district, during the past year, for [seven'] months, by 
a qualified teacher, and that the library regulations have been 
complied with. 

[Signed] C. D., 

Clerk of school district No. , 

of the town of . 

Dated at ■ , September 1st, 185 — . 



FORMS. 



75 



'No. 19. 
Form of School Hegisier to he hejiyt ty Teacher. 

(See Section 32.) 

Eegister of the common school of school district Ko. of the 

town of , for the term of tlwee months, commencing on the first 

day of May, 185 — , by , teacher : 





tie 
"o 

CO 

CO 
01 

>^ 

10 

11 

9 
14 

12 
15 

■ «3 


Studies. 1 


Aite?idance of Scholars. 




03 

o 

g_ 
1 


tJ3 
C 


c 

1 


5 

g 
5 

re 
O 

ti 

c 

1 

1 
1 


a, 
a, 

5d 
o 

o 


"a 
g 

s 

1 
1 

1 

] 


1 
1 
1 


May. 1 


June. 


July. 


Names of 
scholars 

attending 
school. 


1 


2 


3 


4 


5 


6 


8 


9 


1 


2 


3 


5 


6' 


1 

re 


9 


.-.r 


Henky Roys.. 
Willi \m Ray 
John Chase.... 
OssiAN Dodge 
Ch's Bateman 
Mary Lee... 
Fanny Lane... 
JurjA Ray... 










■ 




t 


- 


- 


- 


■ 


- 


- 




- 


. - o. 



[Signed] 



L. M., Teacher. 



Note.- — The studies which the different scholars pnrstie are in- 
dicated by the figure 1 opposite the name of the scholar, and un- 
der the appropriate heading. The daily attendance of the scholars 
is indicated by a horizontal mark - opposite the name, and under 
the date in the heading. If absent, no mark will be made, and if 
present but half of a day a cross, f may be made. Thus will the 
names, ages and studies of all the scholars, and their daily attend- 
ance and absence, be presented at one view, in a convenient man- 
ner. 



No. 20. 

Form of Statement of the Amount of Taxes voted to he raised in 
a School District.^ to he delivered hy the District Clerh to the 
Town Cleric. 

fS<e Section 33.; 

To R. S., Town Clerk of the town of : 

The amount of taxes voted to be raised in school district No. 
• ■ of the town of — , at the last annual meeting of said 



76 FOEMS. 

district, held on tlie day of September, 185 — , is [wriie the 

amount in loords] dollars ; which amount you are requested to 
assess upon the taxable property therein. 

The following is a list of the names of the persons and corpora-' 
tions liable to a school district tax in said district : {Here insert 
the names of the 2?e?^sons and corporations.^ 

Dated this day of , 185 . 

[Signed] 0. D., 

Clerk of school district No. 

of the town of . 

Note. — If the district has been lately organized and a tax was 
voted at the first; meeting, as well as at the annual meeting, that 
should be stated, giving, however, the whole amount of tax voted 
to be raised. 

STATE OF WISCONSIN, ) J^ 
County of j 

C. D., being duly sworn, on oath says, that he is the clerk of 

school district No. of the town of , and that the above 

statement by him made of the amount of taxes voted to be raised 
in said school district, and the list of persons and corporations lia- 
ble to a school district tax therein, are true. 

[Signed] C. D. 

Sworn to and subscribed before me this day of , 185 . 

[Slirned] J. P., Justice of the Peace.' 



No. 21. 

Form of Statement of the amount of Taxes voted to l)e raised in a 
joint District, to he delivered to the Clerk of each Toicn in which 
any ^art of the District is situated. 

fSce Section 33 ) 

To R. S., town clerk of the town of : 

The amount of taxes voted to be raised in joint school district 

No. , of the towns of and , at the last annual 

meeting of said district, held on the day of September, 



FOKMS. 77 

185 , is [ Wriie the amount in words] dollars ; and the propor- 
tion of tliat amount to be raised in that part of said district, 

which lies in the town of • — , is [ Write the amount iii words^l 

dollars, which you are requested to assess upon the taxable pro- 
pP.erty therein. 

The following is a list of the names of the persons and corpora- 
tions liable to a school district tax in that part of the district lying 
within the town of . [Here insert the names of the persons 

and corporations. 

[Signed] C. D., 

Clerk of joint school district, 

IsTo. , of the towns of 

— , and . 

ISfote. — Attach affidavit of the district clerk similar to the one 
given in Form No. 20. 



No. 22. 
Form of Deed for the purchase of a School House site. 

(See Section 36.) 

Know all men by these presents, that A, B. {and C. J3., Ms wife, 

if married^ oi \h.Q, town of , in the county of , in the 

State of Wisconsin, party of the first part, for and in consideration 

of the sum of' dollars, to them in hand j^aid by the district 

board of "School district No. , of the tovvn of ," county 

of , and state aforesaid, the receipt whereof is hereby ack- 
nowledged, do hereby grant, bargain, sell and convey to the said 
school district, party of the second part, and their assigns, the fol- 
lowing described piece or parcel of land, namely : 
{Here insert descri^ytion of land.) 

Together with all the privileges and appurtenances thereunto 
belonging. To have and to hold the same to the said party of the 
second part, and their assigns, for ever ; and the said party of the 
first pa,rt, for themselves, their heirs, executors and administrators, 
do covenant, bargain and agree, to and with the said party of the 



tS FOKMS. 

second part, and tlieir assigns, that at the time of the ensealing 
and deliverj of these presents, they were well seized of the pre- 
mises above conveyed, as of a good, sure, perfect, absolute and 
indefeasible estate of inheritance in the law in fee simple, and 
that the said lands and premises are free from all incumbrances 
whatever ; and that the above bargained premises, in the quiet 
and peaceable possession of the said party of the second part, and 
their assigns, against all and every person or persons lawfully 
claiming, or to claim, the whole or any part thereof, the said party 
of the first part will forever warrant and defend. 

In witness whereof, tlie said A. B and C. B., his wife, jiarty of 
the first part, have hereunto set their hands and seals, this 

day of , A. D. 18 . 

A. B. [seal,] 

C. B. [SEAL.] 

Signed, sealed and delivered 
in presence of 
E. F. 
G. H. 

JV^ote. — Such deed should be duly acknowledged and recorded.. 



No. 23. 
Form of a Lease. 

(See Section 36.) 

Know all men by these presents, that A. B. of the toMm of -,, 

in the county of , in the state of Wisconsin, of the first part, 

for the consideration herein mentioned, does hereby lease unto- 

" school district No. — of the town of ," county of , in 

the state aforesaid, party of the second part, and their assigns, the 
following described parcel of land : 

[Here insert description of land.l 

Together with all the privileges and appurtenances thereunto 
belonging. To have and to hold the same for and during the term 
of years from the day of — — , A. D., 185 ; and the 



FOEMS. 



said party of the second part for themselves and their assigns, do 

covenant and agree to pay the said party of the first part for said 

premises the annual rent of dollars. 

In testimony whereof, the said parties have hereunto set their 

hands and seals, this day of , A. D. 18 

A. B. [Lessor] [Seal] 

CD., ) District board of 

E. F., y school district No. — 

G. H., ) of the town of . 



No. 24. 



Form of an Aijpointment to fill a Yacancy in the District 

Board. 

(See Seciion 38.) 

ToA.B— : 

The oflBce of \_clerli\ of school district No. — of the town of ^ 



having become vacant, you are hereby appointed to fill such va- 
cancy until the next annual meeting in said district. 

Dated this — — day of , 185 . 

[Signed] G. H., Director. 

E. F., Treasurer. 
Note. — It requires two of the board to make an appointment. 
If they neglect, for ten days, to fill the vacancy, it must be done 
by the town superintendent, after the following form. In either 
case the appointment must be filed with the district clerk : 

ToA.B.: 

The office of \deT'U\ of school district No. — of the town of , 

having become vacant, and the district board of said district hav- 
ing failed to fill the same within ten days, you are hereby ap- 
pointed to fill such vacancy until the next annual meeting of said 
district. 

[Signed] A. B., 

Town Superintendent of schools 

of the town of — — — , 



80 



FOEaiS. 



'No. 25. 
Form of Annual Report of Town Superintendent. 

(See Section 44.) 

To the Clerk of the Board of Supervisors of the county of 

Annual Report of the town superintendent of schools of 

town of , in the county of , for the year ending on 

31st day of August, A. D. 185 : 

No. of school districts separately set off within the town, . 

No. of parts of joint districts in said town, . 

No. of parts of joint districts in which the school house of 
such districts is situated within tliis town, 

No. of districts from which reports have been received be- 
tween the 1st and 15th of September, 

No. of parts of districts from which reports have been re- 
ceived between the 1st and 15th of September, . 

No. of months school has been taught in each of said dis- 
tricts and parts of districts, as follows : 

In school district No. 1, (by a qualified teacher three months, 

In school district No 2, by a qualified teacher. 



" " 5, 

" " C, 

In jointschool district No.7, a part of which is in this town, 
o. 

Amount of public moneys received in each of such districts 
and parts of districts, as follows : — 

In district No. 1, 

2, . 

3, . 

4, . 

5, . 
" 6, . 

In part of joint district No. 7, in said town, 



the 
the 



$40 
42 
35 
30 
38 
42 
10 
12 



"Bj public money is meant tlie money that is received from the state and town. 



FOKMS, 



81 



"No. of cliildren residing in each district and part of district, 

on the 31st day of August last, over the age of four, and 

under the age of twenty years, as follows : — 

In district ISTo. 1, 

" " 2, 
" " 3, 



In part of district 



" 6, 

'No. 7, in said town, 



No. of QTicde children residing in all of said districts and 
parts of districts, on the 31st day of August, over the age 
of four years, and under the age of twenty years, 

No. oi female children residing in all of said districts and 
parts of districts, on the 31st day of August last, over the 
age of four and under the age of twenty years, . 

Whole No. of children residing in town over the age of 
four, and under the age of twenty years, on the 31st day 
of August last, ...... 

Total No. of children over four and under twenty years of 
age, who have attended school in said town, 

No. of children taught in all of said districts and parts of 
districts, under the age of four years, 

No. of children taught in all of said districts and parts of 
districts, over the age of twenty years, . 

Average No. of months children between four and twenty 
years of age have attended school in said tov/n, 

Average number of months schools have been taught by 
male teachers, . . . 

Average number of months schools have been taught by 
female teachers, . . . ... 

Average ahtotmt xof wages per month paid to male teach- 
ei-s, . . 

Average amount of wages per month paid to female teach- 
ers, ,••••»•• 
11 



40 

42 
38 

35 

30 
42 
10 
12 



130 

119 

249 

245 

6 

15 

5 

4 

3 

$16 



82 FORMS. 

"Whole amount of money received and apportioned bj me 
{and predecessor in office, if any^) since the ^date of the 
last annual report, . . . . . $ 

Of such amount there has been received from the county 
treasurer, (state fund,) . . . . . $ 

Of such amount there has been received from the town 
'treasurer, (town tax,) . . . . . $ 

The manner in which such money lias been expended is as 

follows : 
For teachers' wages, the sum of . . . . $ 

For libraries, the sum of .... $ 

For {if for any otJier purjyose specify the sarne^) . . $ 

There remains unexpended {.state for what cause) the sum of $ 
The amount raised by tax and expended in said districts, 
from which reports have been received by me (and pre- 
decessor in office) since the date of the last annual report, 
is as follows : 
For teachers' wages, . . . . . $ 

For purchasing school house site, . . . . $ 

For building, hiring, purchasing, repairing and insuring 

school houses, {specify the amount for each.) . . % 

For fuel, . . . . . . . $ 

For district libraries, . . . . . $ 

Yor {any other purpose allowed hy law,) . . . $ 

The text books most used in the schools of said districts, are 
as follows : 
Spelling books — 
Keading books — 
Geography — .... 

Arithmetic — 
Grammar — 

The school houses in said districts are constructed of ma- 
terials as follows : 

Of stone 1 ; of brick 1 ; of logs 1 ; framed 4. 
"Whole valuation of said school houses . • . . $ 

Highest valuation of any Bchool house, . . .$ 



FOKMS. SS 

Lowest valuation of any school house, .. .. .^ 

Ko. of school house sites containing less than one acre^, . ^ 

" " " " not inclosed, ... 4 

No. of schools without blackboard, . . ^ S 

" " " outline maps, . . . S 

No. of select and private schools in said town, other thaii 

incorporated academies, ...... S^ 

Average number of persons attending all such schools du- 
ring the past year, as near as can be ascertained, . SCI 
No. of district libraries in town, . . . » S 
No. of joint libraries, ..... i 

Total number of volumes in all the libraries, . . SSO- 

No. of volumes purchased during the year, . , 6,(1' 

" " presented " " . . ' . 2# 

No. of volumes loaned out during the year, [counting eacK ■ 

volume one for each time it is loaned^ . 
Amount of library fines collected, . . . . ^.. 

" " " expended, .... |;., 

" " " , remaining unexpended, . « $, 

" " money " " . . $.' 

[Signed] A. B., 

Town Superintendent of schools 

of the town of v 

Dated at , this day of , 185 , 



No. 26. 
Formj of a Certificate to he given to a Teacher. 

(See Section 54.) 

I do hereby certify, that I have examined A. B. and do belieiro? 
that he {or she) is qualified in regard to moral character, leaiiiiogj^ 
and ability to teach a common school in this town for one j^mr 
from the date hereof. 

Given under my hand, this • day of , A. D. 185 ., 

[Signed] A. B., 

Town Superintendent of schools- 

of the town of- ->. 



■S4 



FORMS. 



m. 27. 
Form of Note annulling a Teacher''s Certificate. 

f See Section 56. _^ 

Having inquired into certain complaints against A. B., hereto- 
fore licensed by certificate as a teacher of common schools in the 

town of , and being of the opinion that the said A, B. does 

not possess the requisite qualification as a teacher, in respect to 
moral character, [or "in respect to learning;" or "in respect to 
ability in teacliing," as the case may be,] and having given at 
least ten days previous notice in writing, to said teacher, and to 
the district board of the district in which said teacher is employed, 
of my intention so to do, I have annulled, and hereby do annul 
the said certificate and license, so granted as aforesaid. 

Given under uiy hand, this day of , 185 . 

[Signed] C. D., 

Town Superintendent of schools 

for the town of . 



Ilo. 28. 

Form of Notice to 1)& given to District Cleric when alteration of 

the houndaries of a District is contemplated. 

f^ee Section fiOJ 

To C. D., clerk of school district No. of the town of : 

You will take notice that I shall be present at [here mention the 
place'] on the — — day of — — , 185 , at — o'clock in the after- 
noon, to hear and decide upon certain proposed alterations of the 
boundaries of said school district. 

Dated this day of , 185 . 

[Signed] A. B., 

Tou'n Superintendent of schools 

of the town of . 



Note. — In case of a joint district the superintendent of the town 
in which the school house is situated will give the notice requiied 
to the clerk of that district; and each sui)L'rintL^ndent will gi^e no- 
tice to the clerk of any dis-trict in liis town to be affected by the 
proposed alteration. The clerk will immediately notify the other 
meinbers of the board, by giving them a copy of the notice served 
on him. 



FOKMS. 



No. 29. 



Form of Notice c(f alteration of the houndaries of a School Dis- 
trict^ lohen the District Boojvd refuse to give their consent. 

[See Section 61.] 

To 0, D., clerk of school district JSTo. , of the town of — — — » : 



I have made an alteration in the boundaries of school district 

ISTo. , of the town of , as is shown by the following 

order by me made on the day of , 185 , [Here copy 

the order niaMng the alteration,'] which will take effect three 
months from the filing of this notice. 

[Signed] A. B., 

Town Superintendent of Schools 

of the town of — —— , 

JSfote. — If the district board indorse their consent upon the 
order making the alteration, no further notice need be given 
than to file the order, so indorsed, with the district clerk. 



'Eo. 30. 



Form of Order of Toivn Sivperintendent in awarding pr&porii&m 
of value of Property to 7iew District 

[See Sections 62, 63 and 64.] 

To the district board of school district 'No. — , of the town of———. 

Having formed a new school district, ISTo. , of the town 

of , in part [or loholly] from the territory of your district, I 

have ascertained and determined the proportion of value of the 
school house and other property justly due to such new district 
from your district, retaining such school house and other property 

to be dollars. You are, therefore, to raise and collect bj 

tax upon the taxable property of your district the said sum of — ^- 



SU FORMS. 

dollars, and when collected pay the same to the treasurer of said 
aew district. 

Criven under my hand, this day of , 185 . 

A. B., 
Town Superintendent of Schools 

of the town of . 



No. 31. 
JFotwj of order altering the boundaries of a School District. 

[See Section GO.] 

It is hereby ordered and determined that the,, (north half of the 
north-east quarter of section No. ten, of town seven north, of 

Kinge fi^ix west,) now a part of school district No. , of the town 

<£ , be, and hereby is taken from said school district, and 

attached to and made a j^art of school district, No. of said 

Iowa, for all purposes whatsoever. 

This order will take eflect on the day of , 185 . 

Given under my hand this day of , 185 . 

A. B., 

Town Superintendent of Schools 

of the town of . 

The consent of the district board should be indorsed as follows: 

"We hereby consent to the alteration made in school district 

!Ho. , of the town of , agreeably to the within order of 

the town superintendent of said town. 

Dated, &c. G. H., Director ] Of said school dis- 

E. F., Treasurer >- trict No. — , of the 
C. D., Clerk ) town of . 

JTote. — The board of each district affected by the alteration, 
«IiLOuld indorse their consent on the order. 



FOKMS. 



8T 



Ko. 32. 
Form of Bond of Town Superintendent. 

(See Section 42.) 

Know'all men bj these presents, that we, A. B., town superin- 
tendent of schools of the town of , in the county of , 

and C. D. and E. F., his sureties, are held and firmly bound unto 
the chairman of supervisors of said town, in the sum of (here in- 
sert double the amount of all school money to come into his hands 
during the term of his office,) to the payment of which sum well 
and truly to be made to the said chairman of supervisors, we bind 
ourselves, our heirs, executors and administrators, jointly and 
severally, firmly by these presents. 

Sealed with our seals, and dated this day of 185 . 

The condition of tliis"obligation is such, that if the said A. B., 

town superintendent of said town of , shall faithfully apply 

and legally disburse all school money that may come into his 
hands, according to law, as town superintendent of said town of 

, during the term of his office, and shall faithfully discharge 

all the duties of his office, then this^obligation shall be void, other- 
iwise shall remain, in full^force and virtue. 

A. B., [L. s.] 
0. D., [L. s.] 
E. F., [l. s.] 

Signed, sealed and delivered in the presence of 

This bond should be indorsed as follows : 

I approve the within bond and^sureties, 

[Signed] G. II., 

Chairman of Supervisors, 

of the town of . 



FORSrS. 






^ 






e 






CO 
CO 



O 'to 



"to 






•S3T.ic.iqi{ joj papuadxo jCaaoui oiiqnd jo ^unoiuy 




•saSfeAi. ,s.raqoB3; .loj pred >Couoia bqqnd jo ^unocuy 




•poAiaogjiCaaolu jo ^unoiuB i^ioj, 




i ./.,'> -sao-incs .loq^jo iuo.i^ poAiaoo.! qanoray 


Ififvronyl 


•jo.insBo.i; UM.O} nio.ij paAiaoaj JCba'bta jo lunotuy [ Jnai i> )l 


•joinscoa; jf^anoa aiojj paAiaoa.i Xauom jo-^uiioaiv 


• ■ : f 
J 


•s.ioqjua; 
ajnuiGj 05 pind qiiiotu jad ss^rav jo ^nnoniB eSiuoAy 




•s.i8qo«oi 
9|T?iu 01 Tpw.d qinoiu jad saSsA jo innoiuu oSu.ioAy 




•.I9([JB0l 0[K(U3J U 

Xq aqSnu^ naoq aAtiq Sfooqos sqiuoui jo -onj aSy.iOAy 




•jaqoKOj a[r.iu u 
Af] ■XT\Snv.i nosq 8AT?q pyooqos sq^noui jo -o^j oSrioav 




put? jnoj naaAiioq ua.ipiiqo s-qinom jo -onj aSv?j3AV 




•[ooqas p3pu3};u 
aAT?q oqAi. aSu jo SJca.C X'in9A\'} .laAO usipjiqo jo -osj 




qooqos papii9;}8 
OABq oqAi oSr jo s.iT;a.f .inoj japiiu iia.qiiiqo jo "o^vj 




qqoqos popnajiu aAKq oqAi aSu 
JO aiBoX jfinaM^ aapan pus .iiioj .i3ao ua.qqiqo jo "ojij 




■aiii; JO S.1K0X A'luaAxj japuu 
pni! .moj jaAO uavoj ui Suipisar uajppqo jo -o^vj p^oj, 




•aSu JO gjHai XjiiaA\j .lapun 
ptm jnoj .iBAO UAVOi ni Jfriip|sa.i ua.iiiTiqo apuuaj }n -ovj 




■aSi? JO s.iKaA' XjciaiW; .loputi 
puB .moj jaAO UAVOJ ui Smpisa.i ua.ip[up 3\aui jo -o^ 




•;qifnBi uaaq aAEq S[ooqos sq'tuoui jo 'o^ aSB.i9Ay 




•sjouisip ^uiof UT sasnoq poqos jo -o^ 




•pajioda-t ^ou OABq qoiqAi epi.qsip jo sjaBd jo -o^ 




•sppjsip JO s:]JBd JO '0^ 




•pai-iodDiion aAXjq qoiqAV spujsip |ooqos jo -o^ 




•spr-nsip |ooqos jo -oj,! 




S 
< H 





FORMS. 



'JBO.C 8i]j Sui.uip bdjirj;! qjns StiiptiauK sjidnd jo •o\^ aSu.OA v | 


•^HUlOa 3l[J ui saiiuopBOi! p.i^u.iod.iooiii jo -ii^^ 1 


•.i«o.^<)qj:guunps[ooi[,)s ipiis i^uipiwu^ sjidnf[ jo -ojj a.o'iM^.1 y | 


•SrijiurtpHJi! p,d.i<ioiii iu:t[} .i5r[;o yiocqos tnuAUtl ly j.>,ijas jo -o^ij | 


•p.i[)(wdxr)nn s.iiiLj A!ii:.iqi;[ jo iiiiioiiiv | 


•pr>puridx.i saiitf Xin.i()i( pi luimuiy | 


•pf>l03]|oj ysui; jf.iK.iqn p) jiiaouiv | 


•ii;.)A sqj Sni.iiip paiu;o[ sbuiiiicia jo -o^ | 


•SfiiiiMCjii 01(1 ((« uisaainiOA jo -o^j | 


•s-arre.iqij 'jiuut' jo -ofj | 


•hioi.iiMqi; 5,ii.nsq> p> 'u^ | 


•sdKiii oiiquio qnciqiiAV spioqjs jo -ov | 


q):ai<ii| >|0'qi! v. '}unqjiA\ S[0()q;is p) -ojvj | 


q)Fi.M)pi!iuiu wojis asnoq yooq.'S jo -o sj | 


■o.ijt; BUI) UL'qj s°3[ .oiii(!umiu>.) sons ssnoq yoi.H[,is }i« mm | 


•osaoq [iKiqjH ,i'm: p) aiiUHiip.^A jS'Tv^oq | 


•ssnoq [ooqos Xuu jo uouL'n[CA Is^qSifj j 


■sasnoq [ooqos jo noiiBnTVA yinoj^ i 


•snsnoq ]ooqos §o[ jo -o^ i 


•S9SM!iq [o-rj.is poLuu.rj jo -o^ i 


•sasn4)n ]ooqos anois jo 'o^^r i 


•S3snoq [ootpos 2[Ji.iq jd -01^ 1 


•s[ooi{-os ui pasn :)soui aiBuiauM.o jo s.ioqin' jo sotiis^kj j 


■S[(ioq,.s lu pssn ^som ,soi>Kavi)Tit: p s.ioqim; jo ssuikj^ 1 


•fc;[ooqos at posn isoiu s.qqdi!.!.oOoS JO s.ioqjhi.' JO seniK^*^ 1 


•S[ooqai t(i posa ^som s:|ooq Snip'K3.t jo s.ioqinK jo sauJBfj i 


•S[()oq.)s tu (!3sn :isnuj si[()oq Sui{[9dy jo s.ioq'jnT; jo satiiB^vT j 


•s.isod.inti .taqjo 
pnv. |9nj .inj popnndxa pm? xP.i £'\ pnsinj Aaiioiu lo luuouiv 




•S3SU(iq {ooqos ao popuodxo rp xiii.ifq pasiv.i .Cinoui ja[jnnomv i 


; ' . •sa!.r«jq![ 
^oi.nsip joj pspnadxo pun :s\n /Cq. paeiBJ Xannru jo 'innotuv* 




•ssSbav iS.iaqoiia^ .loj papuadxa pae xbj Xq pasre.r jiuiouiv 1 


•popuadxann SuuiiRLiia.i ^unocuy i 


•sasod.ind .laqio .loj pap.nadxa ^feuora oi[qnd jo ^anouiv 1 




•<i pq d ft c4 E^ 



DIGEST OF DECISIONS. 



APPORTIONMENT OF SCHOOL MONET. 

Town superintendents must be governed by the reports of the district 
clerk, in apportioning school moneys ; but a mere clerical error may be 
corrected after such reports have been made to the town superintendent 
and before he makes his return to the clerk of the board of supervisors. 
He can not try the truth of the clerk's certificate ; if willfully false the 
law prescribes the penalty. 

In case of a joint school district the town superintendent of each town. 
in which any part of such district is situated, will apportion school mon- 
eys to such district according to the number of children reported to him 
as residing in that part of the district lying in his town, without regard 
to the amount raised in the other towns for school purposes. 

It is the duty of the town superintendent to apply to the town and 
county treasurer for the school money as soon as the same is payable ; 
and to apportion such money immediately after it is received by liim, 
among the several districts of his town which have complied with the law. 

The town superintendent can not legally apportion any school money 
to a district in which a common school was not taught by a qual- 
ified teacher for three months during the year ending on the 31st of Au- 
gust last previous to such apportionment. 

A district which is not entitled to an apportionment of school money 
can not receive library money, notwithstanding it may have complied 
with the laws and regulations concerning district libraries. 

The law provides that the town superintendent shall not apportion 
school money to a district which has not expended, for the payment of 
teachers' wages, all school moneys received from the school fund during 
the year ending at the date of the last previous annual report. This is 
to be understood with some qualifications, and vests in the town super- 
intendent the exercise of a sound discretion. It is the intention of the 
.constitution and laws of the state to grant aid to every district for the 



DECISIONS. 91 

support of common scliools, where all the children of the district may re- 
ceive instruction and participate in the benefits of our free school system. 
But this aid is granted upon the condition that a common school shall 
be maintained at least three months in each year, and that the money 
previously received by the district has been expended as the law above 
cited requires. 

The object of this provision is to prevent the use of money received 
from the school fund for any other lyurpose than the payment of teachers' 
wages, and not that every cent of such money shall be expended by a 
particular day. Should there be a small surplus in the district treasury 
at the date of the annual report, or a lai'ger sum, that, by vote of the dis- 
trict, had been set apart for the payment of the wages of the teacher of 
the then approaching winter school, there is no good reason why the 
tov/n superintendent should withhold an apportionment from such dis- 
trict, as it is acting in good faith with the state, and has in spirit com- 
plied with the law. But the town superintendent must not suffer money 
derived from the school fund to accumulate in the treasury of a school 
district ; and he can not apportion money to a district that has used any 
portion of such money for other purposes than the payment of teachers' 
wages. 

As different constructions have been given to the words "school moneys 
received from the school fund," as applied to school districts, it may be 
proper to state that they mean that portion of the school money of each 
district received by apportionment fro.m the town superintendent, which 
is derived from the -income of the school fund annually apportioned 
by the state superintendent to the several towns and cities of the state. 

The town superintendent is not authorized to apportion money to a 
district, where any other officer than the district clerk made and signed 
the annual report, as there is no responsibility or penalty incurred for 
false statements in a report made by any other than the district clerk. 

ALTERATIONS OF SCHOOL DISTRICTS. 

The state superintendent has no power to form or alter school districts,, 
except on appeal from the town superintendent who refuses so to do. 

Joint school districts are those that are composed of parts of two or 
more towns, and they can only be formed and subsequently altered by 
the joint action of the town superintendents of each of the towns in which 
such districts are situated. 



9^ DECISIOxVS. 

Whenever an alteration of the boundaries of a school district is made 
without the consent of the district board, and the three months, after no- 
tice given to such board, shall expire between the first day of December 
and the first day of April following, such alteration will not take effect 
until the said first day of April. 

All parts of a joint district should have the same number, and that' 
number should differ from that of any whole district in either of the 
towns out of which such district is formed. 

Whenever, by a change in the boundaries of a town, the town line 
passes through a school district, such district becomes a joint district by 
operation of law, and can only be altered in the same manner as districts 
that were originally formed as joint districts. 

A joint school district, in all cases except in its formation and altera- 
tion, is within the jurisdiction and under the supervision of the town su- 
perintendent of the town in which the school house of such district is 
situated. 

The law only provides for the division of the property of a district in 
cases where a neio district is formed from one or more districts possessed 
of a school house and other property, &c. ; and the proportion of the val- 
ue of such property to which the new district is entitled should be ascer- 
tained and awarded at the time of making the order forming the new 
district. The neglect of the town'-superintcndent to inake such award 
does not extinguish the claim of the new district upon the old, for its just 
proportion of the value of such property. 

But if the board refuse to give their consent to the alteration, thereby 
postponing, for the term of three months, the time when the alteration 
will take effect, the award should be made at the time such order takes 
effect, and based upon the property owned by the district at that time. ' ' 
Whenever a portion of the territory of one district is annexed to anoth- 
er existing district, the consent of a majority of the district board of each 
district must be procured to make the act immediately operative. Or, in 
other words, in all cases of alteration in the boundaries of a school dis- 
trict, the consent of a majority of the district board of each district that 
will be affected by such alteration, must be obtained, or the alteration 
will not take effect until the expiration of three months. 

Alterations of the boundaries of school districts may be made between 
the first day of December and the first of April, to take effect on or sub- 
sequent to the first of April. It is, however, advisable, as a general rule. 



DECISIONS. 93 

that new districts should be formed and the boundaries of organized dis- 
tricts changed, only when such formation or change is required to take 
effect at once. 

In the formation and alteration of a school district, no appeal can be 
taken from the acts of the town superintendent to a board to be composed 
of the said officer, the chairman of the town supervisors and the town 
clerk. The law does not authorize such a proceeding; but the district 
board of any district to be affected by any alteration proposed by the 
town superintendent, may apply, in the first instance, to such officers to 
be associated with the superintendent, and the concurrence of a majority 
of such board, when so constituted, is necessary before any alteration can 
be made. All appeals from the action of the town superintendent must 
be made directly to the state superintendent. Appeals may be taken 
from the action of the board above mentioned, to the state superintendent 
either for altering or refusing to alter school districts. 

CERTIFICATES OF TEACHERS AN-NULLING CERTIFICATES. 

The law confers no power on the state superintendent to grant certifi- 
cates of qualification to teachers of common schools. 

A certificate of qualification should not be granted to a person who can 
not teach in English, as the law provides that the branches required to 
be tausrht in district schools shall be tauo-ht in the EnMish lano-uao-e. 

o o o o o 

It is not required of a town superintendent to advertise at what time 
and place he will be present to examine applicants for teachers' certifi- 
cates, though such a course in many towns may be desirable. He is 
simply required to examine those who apply to him for a certificate. 

No person is a qualified teacher within the meaning of the law, unless 
possessed of a certificate of qualification, in the form prescribed by the 
state superintendent, from the town superintendent of the town where 
the school house in which he is teaching is situated. 

Certificates of qualification of teachers should bear date on the day of 
examination, and cannot be ante dated. All certificates remain in force 
for one year, unless sooner annulled. 

The certificate of a teacher may be annulled without a re-examination, 
if, after due notice given, such teacher refuses a re-examination. 
- If a teacher's certificate is annulled, the district board are at liberty to 
1-escind the contract and dismiss him. 

But if they continue him in school, after notice that his certificate has 



94 DECISIONS. 

been annulled, it will be regarded as such a continuance of the contract, 
that they will not be allowed to object to the payment of wages for the 
full time he taught the school. 

A practice prevails to a great extent, in many instances causing serious 
difficulty, of hiring teachers who have not a certificate of qualification 
from the town superintendent. 

The law does not authorize the clerk to hire any but qualified teachers, 
and any contract thus made imposes no obligation upon the district to 
pay the wages of such teacher ; and the board, so acting, render them- 
selves individually liable for the amount. In all cases, without any ex- 
ception, the clerk should refuse to enter into contract with a teacher until 
a certificate has been obtained. 

DISTRICT OFFICERS. 

If a school district neglects or refuses to elect district officers, the offi- 
cei'S chosen the year previous hold over. 

District officers may be legally chosen viva voce, or by ballot, or in any 
other mode determined upon by the meeting, as the law does not specify 
the mode of election. The fact that officers are elected, and so declared, 
by either mode, without any express resolution previously adopted, di- 
;r<ecting the mode of electing officers, implies a consent to the manner of 
election by which they were actually chosen. A majority of the votes 
cast is requisite to the choice of district officers. But the correct mode of 
electing officers, is by ballot, and no school district should depart from 
it. 

The refusal of a district officer to perform his prescribed duties vacates 
his office, and the vacancy may be filled as provided by law. 

The district board have no authority to levy a tax without a vote of 
the district. 

The district board can not discharge a teacher who has performed his 
duties according to contract, without incurring the liability on the part 
of the district, of paying the teacher for the whole time he contracted to 
teach. 

The district board have authority to employ a teacher for three months 
without the direction of a vote of a district meeting. 

The clerk is required by law to contract with and hire qualified teach- 
ers for and in the name of the district, but the contract is not binding 
upon the district, unless the consent of either the director or treasurer is 



DECISIONS. 95 

indorsed thereon. The law does not require these last named officers, on 
either of them, to sign the contract, as a matter of course, or of mere 
form ; but a discretion is left them to consent or not, as the best inter- 
ests of the district may to them seem to require. 

The power to determine what text books shall be used in the several 
branches taught in district schools, is vested solely in the district board. 
The district board has also power to determine what branches shall be 
taught other than those required by law. 

In many school districts it is the practice of the district board to en- 
gage a teacher with the understanding that he shall board with the 
parents of the children attending school proportionably to the number 
sent. There is no authority for such a contract, and it cannot be en- 
forced on the inhabitants. If by mutual and general consent, such a 
course is sanctioned and adopted by the inhabitants of a district, it will 
have the effect to lighten the burden of taxation, and prove otherwise 
agreeable. If this is not done, there is no other way than to contract 
to pay the teacher a specified sum per month, or term, and let him board 
himself; and if the public money is insufficient to pay the teacher, the 
balance must be assessed and collected upon the taxable property of the 
district like other taxes. 4-, 

The duties of the office of district clerk and teacher of the school o£ 
the same district, are incompatible. The clerk is the agent of the dis- 
trict, and one of the board, to employ a teacher ; and while acting in that, 
capacity cannot act as teacher, as he would have to enter into contract 
with himself, determine his own wages, and draw orders for the payment 
thereof, and do other things which are inconsistent, not to say illegal. If 
the district clerk desires to teach the school of his district, he should re- 
sign, and have some one appointed to fill his place. 

DISTRICT BOARD. 

When any portion of the school money is applied to the payment of the 
wages of a teacher not duly qualified, or is otherwise illegally appropri- 
ated, the district board making such unauthorized expenditure are person- 
ally liable to the district for the amount. 

Although a scholar has a legal right to attend the school of the district 
in which he is a resident, his own conduct may deprive him of that right. 
If his behavior is disorderly and uncontrollable, and he persists in a vio- 
lation of the discipline and regulations of the school, after all legal and, 



96 DECISIONS. 

proper means have been exhausted on the part of the teacher to secure 
his reformation, the teacher should submit the facts to the district board ; 
and if their intercession proves unavailing, they should expel him from 
school. For it is better that one should be expelled than the useful- 
ness of the school destroyed. A teacher has no authority to expel a 
Scholar. A scholar who has been expelled can only be re-admitted on 
satisfactoiy evidence presented to the district board of a determination 
on his part to comply with all reasonable regulations of the school. 

The law provides that "the district board shall have the care and 
keeping of the school house and other property belonging to the dis- 
trict," and the question arises as to the extent of the power conferred by 
this provision, and to what uses the school house should be confined by 
the district board. The general principle applicable to cases arising un- 
der this provision, is this: that it is the duly of the board to exercise 
such general supervision over the care and management of the district 
school house, as that the instruction of the pupils in the school shall not 
be embarrassed by any use of the house other than for school purposes; 
and that the property of the district, and the furniture, apparatus, books 
and papers belonging to the school, or the pupils, shall not be injured or 
destroyed. Any use of the house in subordination to these restrictions, 
and not inconsistent with the main purposes for which it was designed, 
must be left to the determination and pleasure of those to whom it be- 
longs, whose wishes and directions, in this respect, the district board are 
bound to carry out. The school house is the property of the district, 
and subject to its control, Avithin the limitations of the law. The 
purpose for which it was erected must be pursued, and nothing can be 
suffered to interfere with that. But when that purpose is accomplished, 
there is neither reason nor law for prohibiting its application to any ob- 
ject of social or moral improvement which a majority of the voters of 
the district may sanction. Upon this principle, and subject to the re- 
strictions and limitations referred to, it may be used, out of school hours, 
and when not wanted for any district purposes, for lectures, debating so- 
cieties, religious meetings, or any other moral, literary or useful purpose, 
with the approbation of a majority of the district. The district board 
are responsible for any damage the school house may receive while being 
xised, for purposes not authorized by the district, by their consent. 



DECISIONS. 97 

SCHOOL MONEYS, AC. 

The amount of all expenditures incurred by a school district for any 
purpose authorized by law, over and above what is satisfied by the amount 
of school money apportioned to it, must be raised by tax upon the taxa- 
ble property of the district; and each contemplated item of expenditure 
should be specifically stated in the resolution adopted by the meeting 
sanctioning such expenditures. 

When the whole amount of tax raised for a specific purpose is not re- 
quired for that purpose the balance may be used for such other legal ob-, 
ject as the district may direct. 

Money raised and collected in any town for school purposes, should 
not be paid over to the county treasurer, but retained by the town trea- 
surer, and paid by him to the town superintendent on application. 

No more money can be legally expended in the erection or repair of a 
school house than is necessary for common school purposes. A school 
house should be built solely with reference to the object for "which it is in- 
tended, and to the convenience and comfort of scholars and teachers. The 
law empowering school districts to raise a tax to build a school house, 
does not contemplate that they should have power to tax the people to 
build a church. 

SCHOOL DISTRICTS. 

By statute, every common school district, organized in pursuance of 
the school law, is made a body corporate vnth powers specifically defined, 
beyond which they cannot go. And as they are "creatures of law es- 
tablished for special pui'poses, and derive all their power from the acts 
creating them, it is perfectly just and proper that they should be obliged 
strictly to show their authority for the business they assume, and be 
confined in their operations to the mode and manner, and subject matter 
prescribed." Hence, a district cannot borrow money on its faith and 
credit, as no authority is granted to school districts for that purpose. 
Provision is made by law for levying and collecting taxes sufficient to 
pay necessary current expenses, as it was not contemplated by the law 
that school districts should incur debts. 

DISTRICT MEETINGS. 

School district meetings are authorized to " alter, repeal and modify 
their proceedings as occasion may require." This is to be understood as 
13 



98 DECISIONS. 

granting only a conditional power ; for whenever contracts have been 
actually entered into, liabilities incurred, or expenditures of money 
made, in the prosecution of any measure directed by the district, a re- 
peal, alteration or modification of such measure will not be sanctioned, 
as no means exist to indemnify those who may be losers thereby. When 
district officers have been legally elected at any district meeting, neither 
that nor any subsequent meeting have any power to reconsider or rescind 
the vote, whether by ballot or otherwise, by which such officers were 
chosen. A district officer, when elected, cannot be deposed by a vote of 
a district meeting. 

A tax cannot be voted for arrearages generally, or to reimburse dis- 
trict officers for moneys expended by them, unless it appears by the vote, 
that the money is to be applied to the objects for which taxes may be 
raised. 

When the voters of a school district have by a vote to that effect,, 
authorized the district board to make repairs upon the school house, or 
to do any other lawful acts involving an expenditure of money, they will= 
be required to save the district officers harmless if the latter have acted 
in good faith. 

The voters of a district may legally vote a tax to enlarge their school 
house, notwithstanding it may have already cost §300, Avithout a certifi- 
cate from the town superintendent. 

A school house built by subscription may, if under the control of the 
district board, be kept in repair by a tax upon the taxable property of 
the district. 

The voters of a school district cannot, by a vote to that effect, direct 
that the requisite /we? shall be provided by those persons sending chil- 
dren to school, in proportion to their attendance, as no such vote can be 
enforced. The inhabitants may voluntarily contribute their proportion of 
fuel, which will of course lessen the amount of taxes to be raised ; but 
if they do not, the district board are required to furnish fuel, to be paid 
for by a tax levied upon the taxable property of the district. 

DISTRICT SCHOOLS — WHO MAT ATTEND — TEACHER, AC. 

Every person over four and under twenty years of age has a legal 
right to attend the common school of the district in which he resides, 
free of charge ; but has no legal right to attend the school of any other 
district, 



DECISIONS. 90 

The district board of any district have a right to exclude from tlieiy 
school, children not residing therein ; provided no directions to the eon-' 
trary have been given by a meeting of the district. Such officers 'may- 
permit children residing in another district to attend their school ; bat 
this should never be done if opposed by a majority of the voters, or if it. 
will in any way tend to discommode the scholars who have a legal ricfht 
there. 

The object of the district board should be, in the first place, to secttro^, 
as far as possible, every advantage and facility to the children of their' 
own district for partaking of the benefits of the school. When that is 
done, scholars from adjoining districts may be admitted, if such admis- 
sion will not operate to the injury of their own. If children from other 
districts are admitted, it should be without charge for tuition, as its col- 
lection cannot be enforced. 

When children are admitted from other districts, the teacher should La 
consulted, as he contracts to teach the school of a particular district^ 
and not the scholars of other districts. 

The residence of children, as a general rule, follows that of their 
parents or guardians. The fact that a scholar goes from one district into 
another to reside, for the sole purpose of attending school, does not con- 
stitute such a residence as to give him a legal right to attend the schooL 

Children under four years of age should never be permitted to attesd 
district schools ; and the district board should never object to the ad- 
mission of persons over twenty years of age to the school of the distriet 
in which such persons reside. 

The teacher of a school has necessarily the government of it ; and ha 
may prescribe the rules and principles on which such government will be 
conducted. The district board should not interfere with the discipline of 
the school except on complaint of misconduct on the part of the teacher * 
and they should then, invariably sustain the teacher, unless his conduct 
has been grossly wrong, lest they do greater injury than has alreadj 
been done. 

The law does not prescribe what punishment may be inflicted by a 
teacher in the government of a school ; and the practice of inflicting cor- 
poreal punishment has no sanction but usage. The teacher is responsible 
for the maintenance of good order, for without order there can be no pro- 
ficiency in the school ; and he must be the judge of the degree and nature^ 



'100 DECISIONS. 

of the punishment required, as circumstances arise, always acting dis- 
passionately, and with an earnest desire to do that which will most ad- 
vance the interest of the school, and the reformation of the offender. 
But the teacher is liable to the party injured for any uhiise of a preroga- 
tive that is wholly derived from custom. 

When a person enters into a contract Avith a district as teacher, he en- 
gages to teach the school seven hours, including the usual intermissions, 
each day, and no longer, unless particularly specified in the contract ; and 
iiis authority over the scholars extends only to the school house and play- 
grounds. For he might with the same propriety be expected to teach the 
ScKolars beyond the usual time each day as that he should govern them 
Ibeyond that time, while coming to and going from school. It is custom- 
ary with teachers to make the conduct of their scholars at all times, a 
subject of inquiry and advice, having a pride in observing proper deport- 
ment on their part on all occasions ; but they have no authority, nor can 
tliey be required, to examine into their conduct out of school hours, and 
beyond the grounds of the school house. 

School money can be applie.d only to the benefit of such schools as 
are established by the district board in pursuance of law. A select school 
established and supported by the patrons thereof, and for their sole bene- 
fit, is not a common school within the meaning of the law, and is not en- 
titled to public money. To receive aid from the state the school must be 
free to all children between four and twenty years of age, and must be 
under the supervison and control of the legally appointed school officers. 
No tuition fee can be charged. 

When a district school is duly establishad, free to all children between 
four and twenty years of age, and is under the control and supervision 
of the proper school officers, the fact that it is supported by voluntary 
subscription, instead of by tax, does not deprive it of its right to a portion 
of the public money. 



SCHOOL HOUSES. 



As the location of school houses, and their interior and exterior ar- 
rangements, exert a very important influence upon the discipline and 
proficiency of schools, and the morals and habits of the scholarSj it is 
thought proper to submit a few suggestions upon the subject, which it is 
believed, will recommend themselves to the approving consideration of 
every person interested in the health and comfort of his children, and 
the credit and prosperity of the schools. 

Location of School Houses. — The site of the school house should 
be in a dry, healthy and sheltered situation, accessible from all parts of 
the district, and retired from the dust, noise and danger of the highway J 
the vicinity of places of idle and dissipated resort should be avoided ia 
selecting a site for a school house, as well as places of public business? |; 
and if it can be so chosen as to overlook a delightful country and be s^i"°- 
rounded by picturesque scenery, it will be increasing the attractions tliat 
should always surround it. The site should be sufficiently large to admit 
of a yard in front of the building common to the whole school, and t'WCi 
yards in the rear, one for each sex, with the necessary out-building&\ 

School House. — The school house should present a handsome exterior-j, 
and in every respect an inviting and attractive appearance. There should 
be a separate entrance to the school house for each sex, opening into 
rooms distinct from each other and from the school room. These rooms. 
should be fitted up Avith scraper and mats for the feet; with hooks, she!\<!Sj, 
&c., for hats, coats, umbrellas, &c.; with sink, basin and towels, and all' 
the means and appliances necessary to secure habits of order and cleaali"^ 
ness. 

The School Room. — The school room, in addition to the space required 
for aisles and the teacher's platform, should be large enough to accom* 
jnodate, with a seat and desk, every scholar who is entitled to attend tb.% 



102 



SCHOOL HOUSES. 



school, and also to allow at least one hundred and sixty cubic inches to 
each scholar ; so that a room twenty-five feet by thirty, and ten feet in 
iieight, is none too large for the healthy and convenient accommodation 
of forty-five scholars. The room should be well lighted, with windows 
on the sides of the building, so that the light will not shine directly upon 
the faces of the scholars, and should be furnished with curtains or blinds. 
The teacher should have a platform raised a few inches from the floor, 
and supplied Avith a desk, situated near the front entrance to the school 
room. 

Seats and Desks. — The seats and desks should be so arranged that 
all the scholars will sit facing the teacher in his desk; and should be so 
constructed that but two scholars Avill occupy one seat and desk, which 
should be at least three feet eight inches long. Thus no scholar will 
disturb another by leaving his seat. A separate seat and desk for each, 
scholar Avould be still qctter. The height of the seats and desks should 
be graduated to suit the ages of the different scholars. For a child ten 
years of age the seat should be about thirteen inches high, and desk twen- 
ty-tw inches ; width of the seat about eleven inches, and of the desk four- 
teen inches. For a scholar seventeen years of age the seat should be 
sixteen inches high and thirteen wide; the derk twenty-eight inches high 
and eighteen wide. Three inches of the upper surface of the desk should 
be level, the remainder sloping not more than one inch in a foot, and the 
edge should be in the same perpendicular line with the fiont of the seat. 
The back of the seat should slope about two and a half inches in sixteen. 

The room should be properly warmed, and kept at an even tempera- 
ture of about sixty-eight degrees ; and as stoves are mostly used for this 
purpose, the pipe should be carried as high as possible above the heads 
of the scholars, to a flue within or next to the Avail. 

Every school room should be supplied Avith at least a black board, and 
three outline maps — one of each hemisphere, and one of the United 
States. Other maps, charts and apparatus, should be furnished as the 
Wants of the distaict suggest, and its means Avill alloAV. Pictures of per- 
sons, or scenes suited to a proper moral eff"ect, are desirable and useful 
decorations of a school room. 

Ventilation of School Room. — It is a Avell ascertained fact, that the 
amount of air inhaled by a healthy adult during three hours, is at least 
seventy-five cubic feet, and that air once I'espired mil not further 



SCHOOL HOUSES. 103 

sustain animal life. Therefore forty-five scholars, during a three hours 
session of school, -would exhaust the vitality of three thousand three 
hundred and seventy-five cubic feet of air ; and were they kept in an air- 
tight room, twenty by twenty-four feet, and seven feet in height, and 
could they breathe the pure air until it is all once respired, they Avould 
all die before the expiration of three hours. Such a condition of things 
cannot well exist, but there are cases of approximation to it, and this is 
given as an instance, to show the necessity of large rooms, high ceilings, 
and proper ventilation. For air once respired, mixes with and vitiates 
the pure air remaining in the room, rendering its repeated inhalation un- 
healthy and injui'ious, enervating both body and mind, and rendering 
both teacher and scholars unfit to pursue the object for which they are 
assembled. Proper means for ventilation should be provided in all school 
rooms for the escape of the foul air and admission of pure air, and should 
be regarded as of primary importance in the construction of a school 
house. This may be done by constructing the windows so that the up- 
per sash can be lowered, and by an opening, at least one /cot in diame- 
ter, near the ceiling, into a flue which leads into the open kly. 

If the ventilating flue can be carried up close beside or within th© 
smoke flue, the warmth of the latter during the season when a fire is ne- 
cessary, will materially aid the escape of foul air. Fresh air may be sup- 
plied by an opening in the floor under the stove, supplied with a tube 
leading beneath the floor,[through the outside wall of the building. 

In conclusion, it may be observed, that the harmony and good feeling 
that should exist in school districts and communities in relation to com- 
mon schools, and the generous support that should be given to our free 
school system, depends much upon the enlightened zeal with which dis- 
trict ofiicers and town superintendents fulfill the delicate and responsible 
tjusts confided in them by the people. School officers are the agents of 
the people in carrying'^out and eflfectuating the great republican principle 
of free schools ; and it is hoped that the happy eff"ect thus far expe- 
rienced by the administration of this system, will not be suffered to de- 
cline in interest with the people, or usefulness to the children dependent 
upon it for an education, through indiff'erence or omission of duty on 

their part. 

H. A. WRIGHT, 

State Superintendent. 



INDEX 

TO LAWS, &c., OF THE STATE OF WISCONSIN, 



RELATING TO 



COMMON SCHOOLS. 



A. 

ABSENCE— 

Of district clerk from meeting to be supplied, 16 

Of scholars from school to be entered in school i-egister, 17 

ACADEMIES— 

Established, and to be reported, 4 

ACCEPTANCE— 

Of office by district officers, to be filed and recorded by clerk, 11 

ACCOUNT— 

Of district board for expenses incurred by them for the district, 16 

Of receipts and expenditures of money to be kept by town super- 
intendent, 22 

Of town superintendents for services, to be audited by town 
board, • 22 

Of town superintendent to be rendered to successor, 22 

ADJOURNMENT— 

District meetings may adjourn, 12 

When and how notice given of adjourned district meeting, 16 

AGE— 

Of children entitled to attend public schools, and draw public money, 4 
Of scholars to be entered in school register, 17 



106 INDEX. 

ALTERATION— 

Of proceedings of school districts, 12, 49, 96 

ALTERATION OF SCHOOL DISTRICTS— 

To be made by town superintendent, 12 

When chairman of town board and town clerk to be associated 

with superintendent, 
Notice to be given when alterations are proposed, 
Consent of district board how given, 
"When not to take effect within three months, 
When cannot take effect. 
Notice to be given to district and town clerk, 
Of joint districts how to be made, 
Decisions relative to, 

ANNUAL DISTRICT MEETINGS— 

When to be held, and hour of meeting may be changed, 

How and by whom notice of given. 

Form of notice. 

When proceedings not illegal for want of due notice, 

When time for holding passes, how called, and form of notice, 13, 47, 66 

What business may be transacted at, 

How business should be transacted at. 

When should adjourn, 

Should choose officers by balloC, 

May vote taxes. 

In what manner taxes can not be voted by, 

May direct sale of school house. 

May vote tax for library and book case. 

When cannot alter, repeal or modify proceedings. 

When tax exceeeding ^300 for school house may be raised, 

Whatmay be determined at annual meetings in regard to schools, 13, 50 

Cannot make a school term less than three months, 50 

How proceedings of to be recorded by district clerk, 50 

Proceedings of may be appealed from, 26, 35 

May vote tax to enlarge school house though it may have cost 

$300, Avithout certificate of tov^'n superintendent, 97 

Cannot legally direct that fuel be provided by those sending 

children to school, 97 





24, 


92 
24 




24, 


60 




25, 


91 




25, 


91 




24, 


20 




25, 


60 


90, 


,91, 


92 

12 
1« 

67 




12, 


47 


13, 


. 47, 


66 

12 


48, 


49, 


50 
48 




48, 


93 




12, 


49 
97 
12 

28 




49, 


97 




13, 


47 



INDEX. 107 

ANNUAL REPORT— 

Of state superintendent, 6 

Of clerk of board of supervisors, what to contain, and form, 27, 88, 89 

Of town superintendent, what to contain, and form, 21, 80 to 83 

Of clerk of school districts, what to contain, and form, 16, 17, 72, 73, 74 

■ Of district treasurer to annual meeting, what to contain, and 
'■ ' form, 14, 15, 69 

AtoULMENT OF CERTIFICATE— 

Town superintendent may annul teacher's certificate, 23, 24 

Proceedings in regard to, 24, 92, 93 

Form of notice annulling certificate, 84 

APPARATUS— 

District meeting may Tote tjix to purchase, 12 

APPEALS— 

When authorized to be made to state superintendent, 26, 92 

Who may appeal, 26 

Decision appealed from operative until decided, 26 

Regulations concerning, 35, 36 

APPENDAGES TO SCHOOL HOUSE— 

District board to provide, and account for same allowed, 16, 55 

District may vote tax to pay ior, 12 

APPOINTMENT— 

To fill vacancy in district board, 19 

APPORTIONMENT— 

Of property on formation of new district, 25, 60, 61, 91 

APPORTIONMENT OF SCHOOL MONEYS, (see ''School Moneys.") 

By state superintendent, how and when to be made, 9 

When not to be made by state superintendent, 9, 62 

J3y town superintendent, how and when to be made, 20, 89, 90 

When not to be made by town superintendent, 21, 22, 89 

-Notice of to be filed by clerk of board of supervisors and copy 

(}C. of furnished to county treasurer, ,,: ,, :. , 7 

T^n case of alteration, division or formation jofi jdistriets.sB.b'se-niu!''].' 
quent to annual reports, 22, 23 

How made in joint districts, 89 

Not to be made except on report of district clerk, 20, 89 

Decisions relative to, 85, 90 



108 



INDEX. 



ASSESSMENT— . . 
Of school district taxes to be made on same property as town 

and county taxes, 26, 61 

Last assessment roll, basis of district tax, 18 

Provisions concerning, 18, 54 

How and where assessments equalized in joint districts, 23, 61 

When town clerk may assess value of property, 26, 61 
In joint districts town clerks to furnish list for district clerk, 18, 54 

ATTENDANCE— 

Of scholars to be entered in school register, 17, 54 

Of voters at district meetings, 11, 48 

AYES AND NAYS— 

When should be taken in district meetings, 49 

Form of list of voters for use of district clerk, 49 



B. 

BANKS and Banking Associations — 

Not liable to pay school district tax, 54 

BLACK board- 
How provided by district board, 12, 55, 92 

BOARD— 

For forming or altering school districts, 24, 59 

(See " county board of supervisors.") 
(See "town board.") 
(See "district board.") 

BOND— 

Certified copy of, sufficient evidence, 32 

When suit may be brought on bond of county or town treasurer, 32 

20 
22, 31 
20 
87 
15 
85, 86 
15 



Town superintendent's bond, provisions concerning. 

When suit may be brought on superintendent's bond, 

When office vacant if bond not executed and filed, 

Form of town superintendent's bond. 

Of district treasurer, provisions respecting. 

Form of district treasurer's bond. 

When suits may be brought on bond of district treasurer. 



INDEX. 109 

BOOKS— 
For records, school register, &c., to be provided by district, 15, 17 

To be delivered to successor in office, 31 

To be furnished by district board to indigent children, 19, 56 

Wlio to determine what books may be used in schools, 19, 56 

Uniformity in use of, in schools, 56 

Sectarian, not be used, 4, 5 

BRANCHES 

Of education to be taught in schools, 19^ 56 

BUSINESS 

That may be transacted at special meeting, 13, 46 

0. 
CARE of school house vested in district board, 19, 56, 95 

CERTIFICATE— 

Of apportionment of school fund income, 7 

Of clerks of the board of supervisors relative to moneys raised 

for school purposes, 7, 8, 9, 62 

Powers and duties of town superintendent in granting and an- 
nulling teachers' certificates, 23, 24, 58, 92, 93 
Form of teacher's certificate, 83 

Form of, to be given by town superintendent, allowing more 
than ^300 to be raised by tax for building school house, 
and how given, 47, 68 

CHAIRMAN^ 

To be chosen by district meeting, 12, 48 

Of town board, when associated with town superintendent & clerk, 24, 59 

-Penalty for not performing duty, 30 

CHALLENGE— 

Provisions respecting, challenge of a voter in district meetings, 11 

CHILDREN— 
When and how to be reported by district clerks, 16, 17 

To be reported by town superintendent, 21 

Where may attend school, 97 

CLERK OF BOARD OF SUPERVISORS- 

To file notice of apportionment of school fund income, 7 

To furnish copy of apportionment of school fund income to coun- 
ty treasurer and lo the board of county supervisors, 7 



, 110 INDEX. 

CLERK OF BOARD OF SUPERVISORS continued. 

To furnish state superintendent Avith certified copies of all pro- 
ceedings of the county board relative to raising money for 
school purposes, V, & 

To report the amount directed to be raised in each torvn, by the 

county board, 8, 62 

Duties of, relative to communications and documents from state 

superintendent, 27 

To report to state superintendent abstract of reports of town 

superintendents, 27, 62 

Form of report of clerk of county board of supervisors, 88, 89 

Penalty for not discharging duty, 31 

To furnish county treasurer with No. of children in each town, 7, 62 

CLERK OF TOWN— 

His powers and duties, 27, 62 

To keep all reports made to town superintendent, and all books, 
maps and papers belonging to said officer, and to file them 
if required, 27, 62 

To file notice of annulment of teachers' certificate, 24 

To file town superintendent's account of school moneys, 22 
To furnish clerks of districts with valuation of property in joint 

districts, 18 

To assess district school taxes on town assessment roll 18 
To give district clei-k certificate for statement of school district 

taxes, 18 

To receive and assess judgments against school districts, 29, 30 

When to be associated with town superintendent and chairman 
of town board in the formation or alteration of school dis- 
tricts, 24, 69 

CLERK OF SCHOOL DISTRICT— 
When may be chosen, 12 

To be clerk of district board and district meetings, 15, 52 

To record proceedings of district, and his report to town super- 
intendent, 15, 16, 52 

Powers and duties of, 15 to 18, 52, 53, 54 

Manner of keeping records by, 49, 50 

To preserve records, books and papers belonging to his office, 

and deliver them to his successor, 15 

To contract with qualified teachers, 16, 52, 53, 93 

To notify all annual, special and adjourned district meetings, IQ 



INDEX. Ill 

CLERK OF SCHOOL DISTRICT continued. 

To make report to town superintendent, 16, 17, 53 

Form for such report of, 72, 73, 74 

Manner of giving notice by, 16, 47 

To draw orders on district treasurer, 17 

To furnish school register, 17 

To call meeting within twenty days after time for holding an- 
nual meeting has passed, 13 
To deliver statement to town clerk of amount of taxes voted at 

annual meeting, with a list of persons liable to tax. 
When shall be district librarian. 
Fine for neglect of duty, or to serve as clerk. 
Penalty for making false report. 
Fine for refusal to deliver papers to successor, 
Of joint district, how to report, 
To notify officers elect of their election, 

To notify director and treasurer of time and place town super- 
intendent will decide upon proposed alterations of school dis- 
trict, 

When clerk pro tern, to be chosen, 

QXqxV pro tern, to keep minutes and certify to district clerk. 

Duty of, to call meeting when requested. 

Cannot be teacher in same district, 



COMMON SCHOOLS— 

To be free. 

What branches to be taught in. 

Sectarian instruction not allowed in. 

Town superintendent may hold property for use of. 

Supervision of, vested in town superintendent. 

Powers and duties of town superintendent in visiting, 

Who entitled to attend, 

Who may be excluded from attending, 

When scholars may be expelled from, 

r .Terms of. 

Teachers of. 

Government and discipline of, 

. To be taught three months each year, or district not entitled to 

public money, 21, 89 



18, 


54 


28, 


39 




30 




31 




31 




25 


14: 


,51 


24, 


59 




16 




16 


46, 


47 




94 




4 


19; 


,5Q 


4, 5 




22 




23 


24, 


59 




97 




98 


94, 


95 


13, 


50 


98, 


99 


98, 


99 



112 INDEX. 

COMMON SCHOOL FUND. (See "Income of School Fund.") 

COMMUNICATIONS— 
When to be addressed to state superintendent, 7 

COMMISSIONERS— 
For sale of school and university lands and investment of funds, 4 

COMPENSATION— 

Of clerk of board of supervisors, 27 

Of town superintendent, 8, 57 

Of state superintendent, 3, 5 

CONSENT— 

Of district board required, that alteration of district may take 

effect immediately, 24, 25, 59, 60 

' 'Conditional consent cannot be given, 60 

CONSTITUTION— 

Provisions of, relative to common schools, 3, 4, 6 

CONTRACT— 

• To be made in writing by clerk with qualified teacher, 16, 52 
Must have consent of either director or treasurer, or both, en- 

ot dorsed thereon, 16,52,53 

■ Where to be filed, 16 

• When not binding upon district, 93 
When district board individually liable under, 94 
When clerk should not make, with teacher, 93 

COPY— 

Of papers filed and recorded in state superintendent's office, 
:■■■> certified, to be legal evidence same as originals, 7 

Of appeals to be served on district or person whose act is ap- 
pealed from, 35 

Of answer to appeal to be served on appellant, 36 

Certified copy of bond, sufficient evidence, 32 

CORPORATE BODIES— 

School districts declared to be, 1 1 

Powers of school districts sa corporate bodies, 11, 12, 96 

COSTS— 

Of suits, who responsible for, '32 



COUNTY BOARD OF SUPERVISORS— 

May authorize the levying and collecting of district school taxes 

not to exceed one thousand dollars, 7 

To estimate and determine at annual meeting the amount of 
money to be raised in each town and ward for support of, 
common schools, 8, 62 

Such tax not to be less than one half the amount apportioned to 
such town or ward, by the state superintendent, at last an- 
nual apportionment, 8, 62 

Not to levy a school tax to exceed three mills on the dollar,, 8- 

How to order levying of tax when no apportionment has been 

made to a town, Q 

COUNTY TREASURER— 
To apply for and receive of state treasurer the school money 

apportioned to his county, 5 

To notify town superintendents and city treasurers of amount 

apportioned to each such town and city, 9 

To hold school moneys subject to order of city treasurer and 

town superintendent, ^ 

What disposition to make of school moneys not called for, 9> 

When suit may be brought on bond of, 32 

Should not receive money raised by towns for school purposes^, 96 

D. 

DEBTS— 

Of school districts, tax may be voted to pay, 12 

How divided on division of district, 25, 60 

DECISION— 

What may be appealed from, 26, 92 

Of state superintendent, on appeal, final, 6, 26 

Digest of, 89 to 99 

DEED— 

Provision relative to, in purchasing and selling school house site 

and form of, 55^ 7'7 

DESCRIPTION— 

Of school district to be delivered to town clerk by town super- 
intendent, 20, 4S. 
15 



lU 



IKDEX. 



DIRECTOR— 

When to be elected, 12 
To call meeting in absence of clerk, 13 
To indorse contract with teacher, 16 52 
May refuse to indorse contract, 94 
To sign orders on district treasurer, 14 
To see that orders signed by hina contemplate laAvful expendi- 
tures of money, 51 
To sue treasurer on bond for breach of condition, 15 
To appear on behalf of district in suits against it, 14 
To certify judgment against district, to town clerk, 29 
Fine for neglect or refusal to serve, 30 

DISTRICT BOARD— 

Who to constitute, 12 

How should be chosen, 48, 93 

A majority can act as a board, 51 

Powers and duties of district board, 19, 55, 56 

To purchase or lease school house site, 19, 55 

To sell and convey school house and other property, 1 9, 53 

To have care of school house, 19, 56 

Their duties as custodians of school house, 56, 94, 95 

When authorized to fill vacancies in their own number, 19 

To provide indigent children with school books, 19, 56 

Duties of, in determining what text books shall be used, 19, 56 

To determine what branches shall be taught in addition to those 

required by law, 19, 56 

Who to be clerk of, 15, 62 

When to appoint treasurer, 15 

To provide appendages to, and keep school house in repair, 16,' 55 
To determine length of time school school be taught when not 

directed by annual meeting, • 13, 50 

To determine whether male or female teacher shall be employed, 13, 50 
To determine how school money shall be applied in certain cases, 13, 50 
Consent of, reqiiired that alteration of district may take effect 

immediately, 24, 25, 91 

May apply to chairman of town board, and town clerk to be as- 
sociated with town superintendent in making alteration of 
the district, 24, 59, 92 



INDEX. 115 

DISTRICT BOARD continued. 

To bring suit for the recovery of library fines and penalties, 2t 

To appoint librarian of joint libraries, 89 

To divide joint libraries, 29 

To keep account of expenses incurred and present same to dis- 
trict meeting for allowance, 16, 65 

Should not interfere in discipline of school, 98 

Are responsible for money unlawfully expended, 94 

Individually liable for expenses incurred not authorized~by dis- 
trict or by law 94 

Are responsible for pay of teachers when unlawfully hired, 93 

May expel disorderly scholars from school, 94, 95 

May employ teacher three months without vote of district, 50, 93 

Can not discharge a teacher who has performed his duties ac- 
cording to contract without paying him for whole term he 
was hired, 93 

May exclude children not residing in their district from attend- 
ing school, or may admit them, 98 

Can not levy a tax, 93 

To make and submit to annual meeting estimate of expenses for 

ensuing year, 49 

Are individually responsible for acts not authorized by law or 

vote of district, 55 

DISTRICT CLERK— (See "Clerk of School District.") 

DISTRICT LIBRARIES— (See Libraries.) 

DISTRICT MEETINGS— (See "Annual," "Special" and "First 

meetings.") 

DISTRICT PROPERTY— 

District board to have care of, 19, 66 

Duties of district board in the care of, 95 

May be sold by ordei of district meeting, 12, 55 

How divided when district is altered, 26, 60, 91 

DISTRICT SCHOOL— (See "Common Sthoois.") 

DISTRICT TREASURER— 

When elected, 12 

To be one of district board, 14 

When may be appointed, 15 

To give bond, 15 



11 6 mDEx, 

DISTRICT TREASURER continued. 

When office of, vacant, t5 
To apply for and receive money from town superintendent, 1 4, 52 
To pay out moneys on order of clerk, if indorsed by director, 14, 51 

To report in writing to annual meeting, 14, 52 

Form of report, 69,^70 

To pay balance to successor, 15 

When may be sued by successor on bond, 15 

To call meetings in absence of clerk, 13 

To indorse contract with teacher, 16, 52 

Fine for neglect or refusal to serve, 30 
To give receipt to town superintendent for school moneys received, 62 

DIVISION— 

Of joint libraries, 29 
Of district property, 25, CO, 91 

Of school districts, 24, 59 

E. 

ELECTORS— 

Of districts who are qualified, 11, 45 

To assemble at meetings when notificid, 11, 48 

EQUALIZATION— 

Of assessments in joint school districts, 26, 61 

EXECUTION— 

Not to issue against school districts, 29 

EXPENDITURE— 

District board to submit estimates of to annual meeting, 49 
To be reported by town superintendent, 21 
Of library fines, to be reporiel, 40, 41 
Account of, by district board to be kept and submitted to an- 
nual meeting, 16, 55 
Of districts, how money raised for, 96 

F. 

FEES— 

None can be taken by town super intendent^ 67 



INDEX. 117 

FINES, PENALTIES AND FORFEITURES— 

Of district clerk for making, false report, 31 

Of district clerk for refusal to deliver papers to successor, 31 

For injury to library books, and how to be recoveieJ, 39, 40 

For refusal to serve notice of first meeting, 30 

Of chairman of first meeting for refusal to serve, 30 

Of district officers for neglect of duty or refusal to serve, 30 

Of town superintendent for refusal or neglect to make annual 

• report, 31 

Of clerk of county board of supervisors, for neglect or refusal to 
report to state superintendent as required by law, 

Forfeiture of wages of teacher if school register not kept, 

FIRST DISTRICT MEETING— 
When may be called, 
How notice given and return made. 
Form of notice and return, 

Notice and return to be recorded as part of proceedings, 
What business may be transacted at, 
Chairman of, to be fined for refusing to serve. 
May elect district officers, who must file written acceptance, 
When cannot transact other business than to elect officers, 

FORFEITURES. (See "Fines, Penalties and Forfeitures.") 

FORMS, prescribed by state superintendent — 

Of notice to be given by town superintendent to town clerk of 

formation of new district, 63 

Of notice to town clerks of formation of joint district, 63 

Of notice of first meeting of district to be delivered to a taxa- 
ble inhabitant, 64 

Of notice to be left at residence of voter in his absence, 65 

Of return to be made on notice of first meeting, 65 

Of notice of meeting by town superintendent when there is no 

officer to call a meeting, 66 

Of acceptance of office by district officers, 66 

Of notice of annual meeting, 67 

Of notice of special meeting, 67 

Of notice of adjourned meeting, 67 

Of notice by clerk to officei's elect, 68 

Of refusal to accept office, 69 





31 


17, 


64 




10 


10, 


45 


64, 


65 


10, 


tS 




4S 




30 


n, 


46 




46 



118 INDEX. 

FORMS continued. 

Of order on treasurer for disbursement of school moneys, 69 

Of annual report of district treasurer, 69, 70 

Of receipt of district treasurer for moneys received from town 

superintendent, 52 

Of bond of district treasurer, 71 

Of contract with teacher, 71,72 

Of annual report of district clerk, 72, 73, 74 

Of school register, 15 

Of statement of amount of taxes voted to be raised in a district 

to be delivered to town clerk^by district clerk, 75, 76 

Of statement of amount of taxes to be raised in parts of joint 

districts, to be delivered to town clerk by district clerk, 76, 77 

Of deed for purchase of property by district, 77 

Of lease, 78 

Of appointment to fill vacancy, 79 

Of annual report of town superintendent, 80 to 8S 

Of teacher's certificate, 83 

Of note annulling teacher's certificate, 84 

Of notice to district clerk of proposed alteration of boundaries 

of district, 84 

Of order altering boundaries of school district, 85 

Of notice to district that alteration has been made, 84 

Of notice by town superintendent to district of division of pro- 
perty, and the amount awarded to new district, 84 

Of annual report of clerk of board of supervisors, 88, 89 

For keeping records of district meetings, 49, 50 

For district librarian in keeping account of books loaned, 38 

Of certificate by town superintendent that a larger sum than 

$300 may be raised for building a school house, 69 

Of bond of town superintendent, 85, 86- 
FORMATION— 

Of school districts, 10, 44, 45 

Town superintendent to give notice of, 10, 45 

When chairman of town board and town clerk to be associated 

with town superintendent in formation, 24, 44 

Of joint school districts, 25, 90, 91 

FREE— 

Common schools to be, 4 



INDEX. lis 

FUEL— 

How provided, 12, 9? 

FUND. (See " Income of School Fund.") 

G. 
GOVERNMENT OF SCHOOLS— 
. Town superintendent may advise in, 24, 69' 

Duties of district board in respect to, 95, 98 

Powers and duties of teacher in the, 98, 9S 

H. 
HOLLIDAYS— 

On what schools may be dismissed, 68; 

I. 

INCOME OF SCHOOL FUND— 

When apportionment of to be made by state superintendent, 7, 9' 

To be certified to state treasurer, 7 

State superintendent to notify clerk of county boards of super- 
visors of, 7 

Notice of apportionment of, to be filed in clerk's office, 7 

Clerks of county board to furnish county treasurer with copy 

of notice of, 7 

When apportionment of not to be made to towns, 9^ 62r 

To be expended in payment of teachers' wages, 21^^ 

County treasurer's to apply for, S 

INSPECTION OF SCHOOLS, 

To be made by town superintendent, 24,, 6©s 

J. 

JOINT districts- 
How formed and altered, 25, 45, 90 

By whom certificate must be given that a tax exceeding $S0O > 

may be raised to build a school house, 13, 4T 

Supervision and number of, SI 

How money apportioned to, E9f= 

JOINT libraries- 
How formed and divided, 28, 29> 90^ 
Regulations concerning, 45, 91 

, Librarian of, how appointed, 29* 

How reports of to be made, 41 



120 INDEX. 

JUDGMENTS— 

Against school districts, how collected, 29, 30 

How certified and collected in joint districts, 30 

JUSTICES OF THE PEACE— 

Jurisdiction of, in cases where a school district is a partj, 29 

L. 

LEASE— 

Form of, 78, 79 

LIABILITIES— 

District may vote tax to discharge liabilities legally incurred, 12 

LIBRARIAN— 

When district clerk to be, 28, 39 

How appointed, 28 

Duties of, 38. 40 

LIBRARIES— 

Provision of law relative to, 27, 28, 29 

Regulations concerning, 37 to 44 

Slate superintenient to prescribe rules and regulations for, 6, 28 

Fines for detention, loss of, or injury to books of, 39 

To whom fines should be paid, and how recovered, 40 

How books of to be selected, 28 

Tax for may be raised by districts, 28 

Joint, how formed and divided, 28, 29, 91 

LIBRARY MONEY— 

How much school money town superintendent may set apart for 

library purposes, , 27 

When library money forfeited, 22, 89 

M. 
MAPS— 
Town superintendents to make maps of all school districts, 32, 61 

MEETINGS- (See "Annual," "First" and "Special.") 

MISDEMEANOR— 

District clerk when guilty of, 31 

MONEYS— (See "School moneys.") 



INDEX. -► 121 

MONTH— 

Signification of, 63 

NAMES— 

Of school districts, 11 

Of scholars to be entered in school register, 17 

NEGLECT— 

Of district treasurer to pay balance of moneys to successor, 15 

Of district to receive school moneys, 23 

Of district officers to accept office or discharge their duty, 30 

Of town superintendent and clerk of board of supervisors to 

make annual report, 31 

NOTICE— 

Of proposed alteration of district, 24, 44, 59 

Of the formation and alteration of school districts, when and by 

whom to be given, 20, 24, 45, 60 

Of first district meeting, 10 

Of annual, special and adjourned meetings, 16, 47 

Want of, not to vitiate proceedinofs of meeting's, 47 

To be given of a meeting when a district has lost its organization, 10 

To district officers elect, 14, 61 

To school district on division of property, ' 60, 61 

To be given by county treasurer to town superintendents and 

city treasurers of apportionment of school fund income, 9 

Of special meeting, what to contain, 16, 46 

o. 

OATH— 

To be administered by chairman of meeting to challenged voter, 11 

OFFICERS. (See " Director," " Treasurer" and " Clerk.") 
Of district, are director, treasurer and clerk. 
Term of office of. 
Should be chosen by ballot. 
Refusal of, to serve, vacates office, 

ORDERS— 

To be drawn by clerk on treasurer, and form of. 
To be signed by director, 

OUTLINE maps- 
How provided for schools, 12,101 





14 




14 


48, 


93 




93 


17, 


69 


14, 


61 



122 



INDEX. 



P. 

PENALTIES. (See " Fines, Penalties and Forfeitures,") 
PLANK ROADS— 

Not liable for school district taxes, 54 

PRINCIPAL— 

Of scliool fund, wliat set apart for, 3, 4 

When income to be added to, 9 

PROCEEDINGS OF DISTRICT MEETINGS— 

Mode of keeping, 48, 49, 50 

When cannot be altered, repealed or modified, 49, 96, 97 

When not void for want of due notice, 47 

PROPERTY. (See " District Property.") 

PUBLIC MONEY. (See " School Money.") 

Q. 

QUALIFICATIONS— 

Of voters at district meetings, 1 1, 45 

Of teachers, how and by whom determined, 23, 58 

K. 

RAILROADS— 

Not liable to pay school district taxes, 54 

REAL ESTATE— 

When may be assessed by town clerk, 26, 61 

When assessments of, may be equalized in joint districts, 26, 61 

receipt- 
To be given by district treasurer to town superintendent, 52 

RECORDS— 

Of school districts, how and by whom to be kept, 48, 49, 50, 52 

To be delivered by clerk to successor, penalty for refusing, 15, 31 

REFUSAL— 

()£ district officers to accept, 14, 30 

Officers deemed to have accepted unless refusal filed, 14 

Form of, 69 

register- 
To be furnished by clerk to teacher, 1 7 
Form of, 75 
Provisions respecting, 17, 54 



INDEX. 



123 



REGULATIONS— 
Concerning appeals, 
For school district libraries, 

REPAIRS— 

Of school house, provisions relative to, 

REPEAL— 

Of proceedings of district meeting, 

REPORT— 

Of state superintendent, 

Of clerk of board of supervisors. 

Of town superintendent, 

Of district clerk. 

Of district treasurer, 

How made in joint districts, 

RESIDENCE— 
Of children, 

RETURN— 

Of notice of first meeting of district, 





35, 


36 


37 to 43 




12. 


97 


12, 


49, 


96 
6 




27, 


62 




21, 


57 


16, 


IV, 


53 
52 

25 



98 



10, 45 



s. 

SCHOLARS— 

Names, ages and studies of, to be entered in school register, 

Where may attend school. 

When may be expelled, 

Power and duties of teacher respecting. 

May be excluded from school of district where they do not reside, 

Residence of, 

SCHOOL BOOKS— (See "Text Books.") 
District board to determine what shall be used, 
Uniformity of should be secured, 
When rnay be purchased by district board for indigent scholars, 

SCHOOLS— (See " Common Schools.") 

SCHOOL DISTRICTS— 

Alteration of, (See " Alteration of School Districts.") 
Formation of, (See "Formation of School Districts.") 
When duly organized, 9 





94 


94. 


, 95 


•98, 


99 




98 




98 


19, 


56 




56 


19, 


56 



11, 46 



124 INDEX. 

To be bodies corporate, 11 

Powers of school districts, 11, 12, 96 

How money apportioned to, when altered after annual report made, 22, 23, 67 
Description and numbers of to be filed in town cljrk'i office, 20 

When they become joint district by operation of law, 91 

When may bring suit on bond of town superintendent, 31 

When may sue county treasurer on bond, 32 

Cannot be formed or altered by state superintendent except on appeal, 90 
How joint districts may be formed and altered, 25, 00, 90, 91 

Supervision of joint, 90 

Division of property of, 25, 60, 61, 91 

When alteration of cannot take"efFect, 25,91 

Appeals in relation to formation or alteration of, 92 

Of suits against, 29 

Apportionment of school moneys to, 20, 22, 23, 89, 90 

When not entitled to apportionment of school moneys, 21, 22, 89 

Officers of, 14, 93 

SCHOOL HOUSE— 

Site of designated by voters of district, 

How purchased and sold by district board. 

Tax may be voted to build and repair. 

Tax for enlargement of may be voted without certificate of town 
superintendent. 

When tax for building may exceed ^300, 

District board have care of, 

Property in, how divided Avhen district is altered, 

Use of, when not required for district purposes, 56, 96 

District board to furnish necessary fuel and appendages, 16, 65, 97 

Should be built solely with reference to the use for which it is 

intended, 96 

Suggestions in regard to site and construction of, 101, 102, 103 

SCHOOL MONEYS— 

May be raised by towns in addition to amount required by law 

to be raised, 8 

County board of supervisors at annual meeting to estimate and 

direct amount to be raised in each town and ward, 8, 62 

Apportionment of, by state superintendent, 8, 62 

Duties of clerk of county board and county treasurer in relation 

to apportionment of, 7, 9 





12 




12, 65 




12, 97 


wn 


97 




13,47 


19, 


56, 96 


26, 


60, 91 



INDEX. 125 

SCHOOL MONEYS continued. 

Moneys raised by towns for school purposes should not be paid 

to county treasurer, 06 

How obtained by town superintendent, 20, 89 

How and when apportioned by town superintendent, 20 

When towns not entitled to, 9 

When school districts not entitled to, 21, 22, 89, 99 

How apportioned in certain cases, 22, 23 

Report in relation to, by town superintendent, 21 

Account of, by town superintendent, 22 

Account and report of, by district treasurer, 14, 15, 52 

When added to income of school fund, 9 

When to be added to next apportionment by town siiperintendent, 23 

District board to determine application of, if not done by annual 

meeting, 13, 50 

What is "school money received from school fund," 90 

SCHOOL REGISTER— (See "Register." 

SCHOOL TAXES— 

Towns and cities required to raise, 4 
County board of supervisors to levy in towns, 8, 62 

How levied when town has received no apportionment, 9 
Cannot be voted by districts except at first and each annual meeting, 49 
Statement of to be delivered by district clerk to town clerk, 18, 54 

Town clerk to give district clerk a certificate for statement of, 55 

To be assessed by town clerk, 18 

To be collected by town treasurer, 18 

To be paid to district treasurer, 18 

For what purpose may be raised in school districts, 12 

Vote for raising of, should be by ayes and nays on resolution, 49 

How assessed and collected in joint districts, 18 

How balance of may be used in certain cases, 96 

SECTARIAN INSTRUCTION— 

Not allowed in schools, 4 

Duties of state superintendent in relation to, 5 

SITE— 

Of school house, how designated, 12 

Provisi>.ns relative to, 55 



126 INDEX. 

SPECIAL DISTRICT MEETING— 

How and by whom notified, 13, 16 

Form of notice of, 67 

What notice to specify, 46 

Cannot vote a tax, 13 

What business may be transacted at, 13 

STATE SUPERINTENDENT— 

His powers and duties, 6, 6, 7 

Has no power to form or alter school districts, 90 

Cannot grant certificates of qualification. 92 

STATE TREASURER— 

Duties of, relative to apportionment of school fund, 9 

suits- 
How and when school district may commence suit on bond of 

of town superintendent, 31 
How and when school district may commence suit on bond of 

town and county treasurer, 32 
Prosecution of, 14, 32 
Costs of, 32 
When may be brought on treasurer's bond, 16 
District meeting may make provision relative to, 12 
Who shall appear on behalf of district in, 14 
How commenced against districts, 29 
To be brought by town superintendents for penalties and for- 
feitures, 20, 21 
• May be brought to recover library fines, 28 

SUPERINTENDENT. (See "State Superintendent" and " Town 
Superintendent.") 

SUPERVISORS. (See " County Board of Supervisors.") 

T. 

TAXES. (See "School Taxes.") 

TEACHERS— 

To be examined by town superintendent, 23, 68 

To receive certificate if qualified, 23 

May be re-examined, 24 



INDEX. 12T 

TEACHERS continued. 

When and how certificate of, may be annulled, 24, 68, 92 

When to forfeit wages, 17, 54 

Mode of hiring, 93, 94 

Powers and duties of, 98, 99 

TOWN BOARD— 

To audit account of town superintendent, 8 

TEXT BOOKS. (See "School Books.") 

TOWNS— 

May raise school money in addition to amount directed to be 

raised by county board, 8 

TOWN SUPERINTENDENT— 

His powers and duties, 20 to 26, 89 

Compensation of, • 8, 67 

Duties of, in the formation of school districts, 10, 44, 46 

Duties of, in alteration of school districts, 24, 59 

To divide property when district is altered and new district is 

formed, 25, 60, 91 
When to call district meetings, 10 
When may appoint district officers, 19 
To apportion school moneys, ' 20 
When cannot apportion school moneys, 89, 90 
Considerations respecting apportionment by, 21, 22, 89, 90 
To see that the annual reports of district clerk are made cor- 
rectly and in due time, 5" 
To report annually to clerk of board of supervisors, 2 . 
Form of report of, 80 to 83 
Penalty for neglect of, to report, 3 
Cannot receive fees, 57 
How paid for services, 67 
Duties of, in examining teachers and annulling certificates, 23, 24, 68, 92 
Supervision and visitation of schools by, 24, 59 
To divide joint libraries, 29 
To apply for school moneys as soon as payable, 89 

TREASURER. (See " County Treasurer" and " District Trea- 
surer.") 



128 INDEX. 

U. 
UNIFORMITY— 

Of text books, 56' 

UNIVERSITY— 

Provisions of constitution relative to, 4 

y. 

VACANCY— 

In district board, bow to be filled, 19 

VISITATION— 

Of district schools, 69 

VOTERS. (See "Electors.") 

W. 

WAGES— 

To be specified in contract, 16 

Public miney to be applied to payment of, 13, 22 

When forfeited, 17,54 

By whom paid, 17 

When district b^ard liable for payment of, 93 

Tax may be voted for payment of, 12, 94 



LAWS 



STATE OF WISCONSIN 



RELATING TO 



C-OMMON SCHOOLS 



aEdULATIONS FOR APPEALS, LIBRARIES, etc, INSTRUCTIONS FOR 

SCHOOL OFFICERS, FORMS ITOR CONDUCTING ALL NECESSARY 

PROCEEDINGS UNDER SAID LAWS, AND A DIGEST OF THE 

DECISIONS MADE AND OPINIONS GIVEN BY THE 

STATE SUPERINTENDENT, WHICH ARE OF 

GENERAL APPLICATION. 



Prepared in pui suance of An Act of the I<egislature 

BY THK 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



"PUBLIC PROPERTY," 

To be Delivered by each Officer to his Successor.. 



MADISOF: 

C&LEINS t WEBB, FRINTBRS. 

1858 



TO DISTRICT OFFICERS. 



The following compilation contains all of the School 
Code of Wisconsin. As there have been several 
important changes made in reference to the pow- 
ers of Districts at Special Meetings, in regard to 
the assessment and collection of Taxes voted at 
Special Meetings, in regard to the length of the 
terms of office, in regard to the formation of 
Union Districts, together with the change of the 
times for the various Officers to make their Annual 
Reports, it will be necessary, to avoid mistakes, 
that all Officers be guided strictly by the law as it 
now is, and that they take especial pains to become 
acquainted with the new provisions contained in 
this law. It is believed that all ^the forms neces- 
sary are included in the Appendix. School Officers 
are particularly requested to furnish this Depart- 
ment with information in regard to any lack in this 
respect which may come to their notice. 

This pamphlet is, in all cases, to be considered 
Public Property, and is to be delivered by each Dis- 
trict or Town Officer, receiving the same, to his 
successor in office. 

S. H. CARPENTER, 

t^ssistant State SuperintendenL 



• • ■ d '^(•if^fi >P>o*'!* 

Chap. CXXXVIII, General Laws of 1858, Sec. 

11 J reads as follows : 

"The State Superintendent of Public Instruction is hereby 
.authorized and directed to cause five thousand copies of the 
laws in relation to Common Schools, as amended by this 
Legislature, to be printed and published in pamphlet form by 
the State Printer at the contract prices, including therein such 
Rules, Forms and Regulations as he may deem necessary to 
carry into effect its provisions ; and when thus published, he 
shall send to each Town Superintendent in the State one copy 
for his own use, and one for each of the School District Clerks 
within his Town, and hold the remainder to supply future 
demand, as occasion may require." 



LAWS 

RELATING TO COMMON SCHOOLS. 



CONSTITUTION.— ARTICLE X. 



EDUCATION 



Section 1, The supervision of public instruction state superim- 
shall be vested in a State Superintendent, and such }f°?nsfa^cti 
other officers as the legislature shall direct. The State how elected 
Superintendent shall be chosen by the qualified electors and his com- 
of the State, in such manner as the legislature shall P^nsation, 
provide ; his powers, duties and compensation shall be 
provided by law ; Provided, That his compensation 
shall not exceed the sum of twelve hundred dollars an- 
nually. 

Sec. 2. The proceeds of all lands that have been or ^JjJ^* ^q"^' 
hereafter may be granted by the United States to this school fund. 
State for educational purposes, (except the lands here- 
tofore granted for the purposes of a University,) and all 
moneys, and the clear proceeds of all property, that 
may accrue to the State by forfeiture or escheat, and all 
moneys which may be paid as an equivalent for exemp- 
tion from military duty, and the clear proceeds of all 
fines collected in the several counties for any breach of 
the penal laws, and all moneys arising from any grant 
to the State where the purposes of such grant are not 
specified, and the five hundred thousand acres of land 
to which the State is entitled by the provisions of an 
act of Congress, entitled " An Act to appropriate the 
proceeds of the sales of the public lands, and to grant 



% COMMON SCHOOL LAWS OF 

pre-emption rights," approved the fourth day of Sep- 
tember, one thousand eight hundred and forty-one, and 
also the five pe)' centum of the nett proceeds of the 
pubUc lands to which the State shall become entitled 
on her admission into the Union, (if Congress shall 
consent to such appropriation of the two grants last 
mentioned) shall be set apart as a separate fund, to be 
called the School Fund, the interest of which, and all 
other revenues derived from the school lands, shall be 
exclusively applied to the following objects, to wit: 
Tobesetapart. 1. To the support and maintenance of Common 
Schools, in each school district, and the purchase of 
suitable libraries and apparatus therefor. 
How interest 2. The residue shall be appropriated to the support 
applied. gj^j maintenance of Academies and Normal Schools, 

and suitable libraries and apparatus therefor. 
District ^^^- ^- '^^^ Legislature shall provide by law for the 

schools to be establishment of District Schools, which shall be as neat- 
established by ly uniform as practicable, and such schools shall be free 
and' not ^ecta- ^"^ without charge for tuition to all children between 
irian. the ages of four and twenty years; and no sectarian in- 

struction shall be allowed therein. 
Anuual tax to Sec, 4. Each town and city shall be required to raise, 
supporttf*^ by tax, annually, for the support of Common Schools 
schools. therein, a sum not less than one-half the amount re- 

Amountthere- ceived by sucli town or city respectively for school pur- 
** * poses, from the income of the School Fund. 

Income of ^Ec. 5. Provision shall be made by law for the dis- 

school iund tribution of the income of the School Fund among the 
distrfbiftfid^^" Several towns and cities of the State, for the support of 
Common Schools therein, in some just proportion to 
the nuinber of children and youth resident therein, be- 
tween the ages of four and twenty years, and no ap- 
propriation shall be made from the School Fund to any 
city or town, for the year in which said city or town 
shall fail to raise such tax, nor to any school district for 
the year in which a school shall not be maintained at 
least three months. 
State univer- Sec. 6. Provision shall be made by law for the estab- 
™*y* lishment of a State University, at or near the seat of 

government, and for connecting with the same from 
time to time such colleges in different parts of the State, 
as the interests of education may require. The pro- 
ceeds of all lands that have been or may hereafter be 
granted by the United States to the State for the sup- 



THB STATE Of WISCONSIN,. f 

port of a University, shall be and remain a perpetual 
fund, to be called the '" University Fund," the interest 
of which shall be appropriated to the support of the 
State University ; and no sectarian instruction shall be 
allowed in such University, 

Sec. 7. The Secretary of State, Treasurer and Attor- School Iwd 
ney General shall constitute a Board of Commissioners commissioners 
for the sale of the School and University Lands, and for 
the investment of the funds arising therefrom. Any 
two of said Commissioners shall be a quorum for the 
transaction of all business pertaining to the duties of 
their office. 

Sec. 8. Provision shall be made by law for the sale Lands, koiv 
of all School and University Lands, after they shall have sold, 
been appraised, and where any portion of such lands 
shall be sold, and the purchase money shall not be paid 
at the time of sale, the Commissioners shall take secu- 
rity by mortgage upon the land sold for the sum re- 
maining unpaid, with seven per cent, interest thereon, 

payable annually at the office of the Treasurer, The „ ^ 

>, • • • ^, ii ■, , • 1 T lowers of 

Commissioners shall be authorized to execute a good commmoHejs 

and sufficient conveyance to all purchasers of such 
lands, and to discharge any mortgages taken as secur- 
ity when the sum due thereon shall have been paid.. 
The Commissioners shall have power to withhold from. 
sale any portion of such lands when they shall deem it 
expedient, and shall invest all moneys arising from the 
sale of such lands, as well as all other University and 
School Funds, in such manner as the Legislature shall 
provide, and shall give such security for the faithful 
performance of their duties as may be required by law. 



TITLE m.— CHAP. 10.— REVISED STATUTES. 

Sec. 59. There shall be elected at the next general State aupma- 
eiection, and biennially thereafter, a State Superinten- ^"^"^jj^^hfe 
dent, whose term of office shall commence on the first term of office, 
day of January next succeeding his election, and con- 
tinue for the term of two years, and until his successor 
is elected and qualified. 

Sec. 60. The State Superintendent shall, before he Oath of ©fiee, 
enters upon the duties of his office, take and subscribe 



COMMON SCHOOL LAWS OF 



His duties. 



Ibid. 



His duties. 



-.itio 



an oath to support the constitution of the United States^ 
and of the State of Wisconsin, and faithfully to dis- 
charge the duties of his office to the best of his ability, 
which oath shall be filed in the office of the Secretary 
of State. 

• Sec. 61. The said Superintendent shall receive for his 
services the sum of one thousand dollars per annual, 
payable quarterly in advance, with his actual postage, 
and the necessary stationery for his office, payable 
quarter yearly out of the State Treasury. 

Sec. 62. He shall have a general supervision over the 
Common Schools in this State, and it shall be his duty, 
as far as practicable, to visit every county in this State, 
for the purpose of inspecting the schools, awakening 
an interest favorable to the cause of education, and dif- 
fusing as widely as possible, by public addresses and 
personal communication with school officers, teachers 
and parents, a knowledge of existing defects, and of 
desirable improvements in the government and the in- 
struction of the schools. 

Sec. 63. It shall be his duty to recommend the intro- 
duction of the most approved text books, and as far as 
practicable to secure a uniformity in the use of text 
books in the Common Schools throughout the State ; to 
discourage the use of sectarian books and sectarian 
instruction in the schools ; to advise in the selection of 
books for school district libraries ; and to open such 
correspondence abroad as may enable him to obtain, so 
far as practicable, information relative to the system of 
Common Schools, and its improvements in other States 
and Countries, which he shall embody in his Annual 
Report to the Legislature. 

Sec 64. He shall prescribe rules and regulations for 
the management of school district libraries, and the 
penalties Avhich shall be imposed by District Boards for 
any violation of such rules and regulations : he shall 
prepare for the use of Common School officers, suitable 
forms for making reports, and conducting all necessary 
proceedings, and he shall cause the laws relating to 
Common Schools, with the rules, regulations and forms 
aforesaid, and such instructions as he shall deem neces- 
sary, to be printed together, with a suitable index, in 
pamphlet form, by the person authorized to do the State 
printing, at the expense of the State ; and he shall cause 
the same to be di.stributed anions: the several school 



THE STATE OF WISCONSIN. Sf- 

districts and other officers having the care of Common 
Schools throughout the State. 

Sec. 65. He shall examine and determine all appeals To examine 
duly made to him from the decision of any school dis- and determiEe 
trict meeting, or from the decision of any Town Super- ^PP®^^^- 
intendent in forming or altering, or in refusing to form 
or alter any school district, or concerning any other 
matter under the Common School law of this State, 
and his decision thereon shall be final. 

Sec. 66. It shall be the duty of the State Superinten- Books, charts, 
dent to collect in his office such school books, apparatus, ^^• 
maps and charts as can be obtained without expense to 
the State, and also to purchase at an expense, not ex- 
ceeding fifty dollars a year, rare and valuable works on 
education for the benefit of teachers, authors, and others, 
who may wish to consult them. 

Sec. 67. He shall prepare in each year, a report to be To report, 
submitted to the Legislature, on or before the tenth day 
of December in each year, containing — 

1. An abstract of all the Common School reports re- "What to con- 
ceived by him from the several Clerks of the County *ain. 
Boards of Supervisors ; 

2. A statement of the condition of the Common Schools 
in this State ; 

3. Estimates and accounts of expenditures of the 
school moneys ; 

4. Plans for the improvement and management of the 
Common School Fund, and for the better organization 
of the Common Schools. And — 

5. All such matters relating to his office, and the Com- 
mon Schools of the State, as he shall deem expedient 
to communicate. 

Sec 68. It shall be the duty of the State Superinten- Apportion- 
dent, between the tenth and fifteenth day of March in mennt of 
each year, to apportion and distribute the income ol the income "'^ 
State Fund for the support of Common Schools, which 
shall have been received up to the tenth of March in 
each year, among the several counties of this State, and 
the share of each county among its respective towns 
and cities ; such apportionment shall be made among 
the several towns and cities according to the number of 
children in each, over the age of four, and under the 
age of twenty years, according to the returns thereof as 
made to his office for the preceding year. 

Sec. 69. He shall certify such apportionment to the po'^tionmentto 
2 



1# 



COMMON SCHOOL LAWS OF 



treasurer and 
give notice of 
same to county 
clerks. 



Where to keep 
his office. 



Copies of his 
papers certifi- 
ed to be evi- 
dence. 



Assistant state 

superintend- 

«nt. 



Traveling ex- 
penses. 



To report to 
the governor. 



Clerk hire. 



Treasurer of the State, and shall give immediate notice 
thereof to the Clerk of each County Board of Supervi- 
sors, stating the amount apportioned to his county, and 
to each town and city therein, and the time when the 
same will be payable to the Treasurer of such county. 

Sec. 70. The State Superintendent shall have an of- 
fice at Madison, where shall be deposited all papers and 
documents appertaining to the business of his office ; 
and to which place communications on the subject of 
Common Schools may be addressed to him. 

Sec 71. Copies of all papers deposited or filed in the 
office of the State Superintendent of Common Schools, 
and all acts and decisions of such Superintendent may 
be certified by him ; and when so certified, shall be evi- 
dence equally and in like manner as the originals. 

Sec. 72. The State Superintendent shall have power 
to appoint under his hand and seal an Assistant Super- 
intendent of Public Instruction, who shall take the 
constitutional oath of office, which shall be filed in the 
office of the Governor ; and such Assistant shall perform 
such duties as his principal shall prescribe, not incon- 
sistent with law, and shall receive an annual salary of 
eight hundred dollars, to be paid quarter yearly as the 
salaries of State officers are paid, and such Assistant 
shall be styled the Assistant State Superintendent, and 
the State Superintendent shall be responsible for all of 
the acts of such Assistant. 

Sec. 73. There is hereby appropriated annually to the 
State Superintendent a sum not exceeding six hundred 
dollars, to defray his travelling expenses in making 
official visits to the counties of this State pursuant to 
the provisions of this chapter. He may draw the same 
from time to time in such sums as he may specify ; but 
he shall not draw to exceed one hundred and fifty dol- 
lars in advance over and above the amount of his ex- 
penditures already made for the purposes herein men- 
tioned. 

Sec. 74. The Superintendent shall annua'ly submit 
to the Governor, with his report, a statement of his 
travels in making official visits during the past year, 
and of his expenditures for that purpose. 

Sec 75. There is hereby appropriated out of any 
moneys m the State Treasury not otherwise appropri- 
ated, the sum of six hundred dollars annually, to the 
Superintendent of Public Instruction, for the purpose 



THB STATE Of WISCONSIN. 11 f 

of defraying the expenses of clerk hire in the office of ' 

said Superintei^dent of PubUc Instruction ; said sum to 

be drawn quarterly by said Superintendent, and to be 

disbursed by him for the purpose herein named ; PrO' 

vided, That said sum of six hundred dollars shall be in 

full for the annual payment of all clerk hire of said 

Department 



CHAPTER CXXXVIIL— IIBNERAL LAWS, 1858. 

Sec. 9. Section two of chapter ninety-nine of the Annual report 
Genera] Laws of 1857, is hereby so amended as to ex- ^^ supeiintoB- 
cept the State Superintendent of Public Instruction from 
being required to make his annual report to the Gover- 
nor within ten days after the close of the fiscal year ; 
and said State Superintendent shall make his report, 
and deliver it on or before the (lOth) tenth day of De- 
cember in each year to the Governor, who, within three 
days thereafter, shall deliver the same to the contractor 
or person authorized to do the public printing of the 
State; and when printed, one thousand copies thereof 
shall be dehvered by the Superintendent of Public 
Property to the Superintendent of Public InstructioDj 
for the use of his Department, 



TITLE III.— CHAP. 13,— EEVISED STATUTES. 

OF THE BOARD OP COUNTY SUPERVISORS. 

Sec. 28. In addition to the ordinary powers and duties Special pow- 
of the several County Boards of Supervisors enuraera- ers of country 
ted in the preceding section, the following special pow- ^^^^ ". 
ers are conferred upon them, subject to such modifica- 
tions and restrictions as the legislature shall from time 
to time prescribe, to wit : 

4. To authorize the levying and collecting of taxes 
for specific purposes in any town or school district, not 
exceeding one thousand dollars, when such town or 
school district is not authorized by law to levy and col- 
lect the same, or so large an amount; and to authorize 
the issuing and renewal of anv warrant for the collec- 



1^ 



COMMON SCHOOL LAWS OF 



lion of town, school or road district taxes, as they shall 
deem just and expedient, when the sarn^is not other- 
wise authorized by law; Provided, A majority of the 
electors of such town or school district shall, at some 
duly organized meeting, vote that such a tax be raised. 

t '< : 

OF THE CLERK OP THE BOARD OF SUPERVISORS. 

County clerk Sec. 60. Whenever the Clerk of the Board of Super- 
to file notice yisors of any county shall receive from the State Super- 
ment,anVsend intcudent iiotice of the apportionment of school moneys 
copy to county to be distributed in the county, he shall file the same 
treasurer. -^^ j^jg office, and transmit a certified copy thereof to the 
County Treasurer; and such Clerk shall also lay a cer- 
tified copy thereof before the Board of County Super- 
visors, at their next annual meeting. 
To inform Sec. 61. It shall be the duty of the Clerk of the Board 

state superia- of Supervisors, in each county, on the last Monday in 
tion o°^oIinty December in each year, to transmit to the State Super- 
boaid con- inteudcnt, certified copies of all resolutions and pro- 
ceming school ceedings of the Board of Supervisors of which he is 
ma «rs, clerk, passed or had during the preceding year, relating 

to the raising of any money for school purposes, and 
to report the amount to be raised in each town in such 
county. 



TITLE IV.— CHAP. 15.— REVISED STATUTES. 

POWERS AND DUTIES OF TOWNS. 

Powers of Sec. 2, The qualified electors of each town shall have 

electors at power at any legal meeting thereof to vote to raise such 

ownmeeings ^^^^ ^^ money for the support of Common Schools, in 

addition to the amount required by law to be raised, as 

they may deem necessary. * * ^- * 

OF TOWN BOARD. 

Board to audit ^Ec. 81. The said Board shall also, at their annual 

town superin- meeting in each year, examine and audit the accounts 

tendentsac- of the Tov/n Treasurer, and the Town Superintendent 

of schools, lor all moneys received and disbursed by 

them as such officers. ■' * * * * 



THE STATE OF WISCONSIN. 13 

COMPENSATION OF TOWN OFFICERS. 

Sec. 93. Supervisors, Assessors, Clerks of the Polls, Pay of town 
and Superintendents of Schools, shall be entitled to a superintend- 
compensation for each day actually and necessarily de- 
voted by them to the service of the town, and in the 
discharge of any of the duties of their respective offices 
required of them by law, of one dollar and fifty cents ; ■• ■' 
for each day, and at the same rates for parts of a dav. '■.-;;• 



TITLE v.— CHAP. 18.— REVISED STATUTES. 

OJ.-' THE ASSESSMENT AND COLLECTION OF TAXES. ' 

Sec. 53. The Board of County Supervisors, at their Amount to be 
annual meeting in each year, shall estimate and deter- ^^^^^ for 
mine the amount of moneys to be raised in each town H towns.*^ ^^ 
and ward in their county, for the support of Common 
Schools therein for such year, which tax shall be levied 
and collected in each year, and shall not be less than 
one-half the amount of school moneys apportioned to 
such town and ward by the State Superintendent in his 
last apportionment of school moneys, nor shall the 
amount so raised for school purposes exceed three mills r • •. j 

, n ,, • '^ '^ , , . .Limited. 

on the dollar m any one year, upon the valuations of 
taxable property in such county ; every such determi- 
nation for the raising of school moneys by the said j. , , . ,. 
Board shall be recorded by their Clerk, and the sum so to be recorded, 
determined to be raised shall be assessed and collected 
for the use of Common Schools in each town and ward 
in such county, in addition to any sum any such town 
or ward may have voted to raise for the support of 
Common Schools therein. v- 

Sec 54. Whenever there shall have been no distri- Ho-w amouiit 
bution of school moneys to any town or ward in anv "^ ^'^^°P^ *?^ 

^, ^ -r, 1 c ct • ... . / ascertained 

year, the County Board of Supervisors shall, at their when town has 
annual meeting in that year, direct to be raised on the drawn no 
valuation of the taxable property in such town or ward, preceding"^*^^ 
the same per centage or proportionable amount of taxes year. 
for the support of Common Schools therein, as shall be 
required to be raised for that purpose in the other towns 
in such county. 



14 COMMON SCHOOL LAWS OP 



TITLE VII.— CHAP. 24— REVISED STATUTES. 

05' THE DISTKIBUTION OF THE INCOME OF THE SCHOOL 

FUNB. 

"When and to Sec, 1. The income of the State Fund for the sup- 

what countieB PQJ.J. ^f Common Schools, which shall be received up 

be distribi^ied. to the tenth day of March in each year, shall be distri- 

luted annually, between the tenth and fifteenth days 

of March in each year, or as soon thereafter as 

practicable, among the several counties in this State, 

from which reports have been received by the State 

Superintendent, agreeably to law. 

Who shall ap- Sec. 2. The Treasurer of each county shall apply for 

ply for school and receive of the State Treasurer the school moneys 

Bioney. apportioned to his county, as soon as the same shall 

become payable. 
County treas- S^^- ^' Each County Treasurer receiving such mo- 
urertogiveno- neys shall immediately give notice in writing to the 
tice of amount Treasurer of each city, and to the Town Superinten- 
ea^h town and dent of each town in his county, of the amount appor- 
city. tioned to such town or city, and shall hold the same, 

subject to the order of such City Treasurer or Town 
Superintendent. 
Money not Sec. 4. In case the Treasurer of any such city, or the 

^AA^At°ih '^^^^^ Superintendent of any such town, shall not ap- 
amount°next ply foi' and receive such moneys before the next receipt 
tobeappor- of scliool moneys apportioned to the county, the mo- 
tioned, j^gyg gQ remaining with the County Treasurer shall be 
added to the moneys next received by him from the 
State Superintendent, and distributed therewith, and in 
the same proportion, among the several towns a!id cities 
entitled thereto, in such county. 
When counties Sec. 5. Whenever it shall not appear from the certi- 
not entitled to fied Statement of the Clerk of the Board of Supervisors 
apportionment jjj ^j^y couuty, made to the State Superintendent, that 
the amount required by law to be raised for school pur- 
poses has been directed to be raised during the year by 
the Board of Supervisors of such county, the Superin- 
tendent shall not apportion any of the State School 
Funds to such county, and in such case the moneys so 
withheld shall be added to the principal of the Com- 
mon School Fund. 



THE STATE OF WISCONSIN. '15 



TITLE VII.— CHAP. 23.— REVISED STATUTES. 



OF COMMON SCHOOLS. 



SCHOOL DISTRICTS. 

{See ^otes A. and B.) 

Section 1. Whenever a school district shall be form- Notice of for- 
ed in any town, it shall be the duty of the Town Su- f^ationand 
penntendent, within twenty days thereafter, to prepare of first meet- 
a notice in writing of the formation of such district, Jng ^f school 
describing its bonndaries, and appointing a time and "'^ ' 
place for the first district meeting, and to deliver such 
notice to a taxable inhabitant of the district* 

Sec. 2. The Town Superintendent shall, in such no- Notice how 
tice, direct such inhabitant to notify every qualified served and re- 
voter of the district, either personally or by leaving a "™^ • 
written notice at his place of residence, of the time and 
place of such meeting, at least five days before the time 
appointed therefor; and it shall be the duty of such in- 
habitant to notify the voters of such district, agreeably 
to the requirements of said notice, and indorse thereon 
a return containing the names of the persons by him 
notified ; and said notice and return shall be recorded 
as a part of the record of the first meeting in such dis- 
trict.-f 

Sec. 3. In case such notice shall not be given, or the Notice to be 

inhabitants of a district shall refuse or nealect to assem- §1^^" ,° ^^^ 
, , r 1 • • 1 ° • n -t .of neglect to 

ble or form a district meeting, when so notified, or in attend first 

case any school district having been formed and organ- meeting, 
ized, shall afterwards be dissolved, so that no compe- 
tent authority shall exist therein to call a special district 
meeting in the manner hereinafter provided, notice shall 
be given by the Town Superintendent, and served in 
the manner prescribed in the preceding section.;]: 

* SeeForrasNos. 1, 2and3. t Nos, 4 and 5. I No. G. 



16 COMMON SCHOOL LAWS OF 

Dutjofelec- Sec, 4. Whenever a district meeting shall be called 
^'^^ in the manner prescribed in the preceding sections of 

this chapter, it shail be the duty of the electors of the 
district to assemble at the time and place mentioned in 
such notice. 
Who entitled Sec. 5. Every person shall be entitled to vote in any 
to vote. scho©l district meeting of this State, who is qualified to 

vote at a general election for State and county officers, 
and who shall have resided for the last ten days in the 
district where he or they may offer to vote. 
Challeno-e and ^^^- ^- ^^ ^^'J pc'isou offering to vote at a school dis- 
proceedings trict meeiiug, shall be challenged as unqualified by any 
thereon. legal voter in such district, the Chairman presiding at 

such meeting shall declare to the person challenged, 
the qualifications of a voter, and if such person shall 
declare that he is a voter, and if such challenge shall 
not be withdrawn, the Chairman shall tender him the 
following oath or affirmation : " You do solemnly swear 
(or affirm as the case may be) that you have been an 
actual resident of this school district for the last ten 
days, and that you are qualified according to law to 
vote at this meeting," And every person taking such 
oath or affirmation, shall be permitted to vote on all 
questions proposed at such meeting, but if any person 
shall refuse to take such oath or affirmation, his vote 
shall be rejected. 
When district Sec, 7. Every school district shall be deemed duly 
deamed organ- organized when any two of the officers elected at the 
ized. ^j.gj legal meeting thereof, shall have consented to serve 

for the offices to which they have been respectively 
elected, by a written acceptance thereof filed with and 
recorded by the clerk ; and every school district shall 
be considered as legally organized after it shall have 
exercised the franchises and privileges of a district for 
the term of two years,* 
Districts to be Sec, 8. Every school district organized in pursuance 
bodies corpo- Qf j)^[s chapter, or which has been organized under any 
l^twnrf ^ *^" previous law of the State or Territory of Wisconsin, 
shall be a body corporate, and shall possess the usual 
powers of a corporation for public purposes, by the 
name and style of " School district number (such num- 
ber as shall be designated by the Town Superintendent 

in the formation thereof) of " (the name of the 

town or;towns in which the district is situate,) and in 

* See Form No. 7. 



powers 



THE STATE OF WISCONSIN. 17 

that name shall sue and be sued, and be capable of 
contracting and being contracted with, and of holding 
such real and personal estate as is authorized to be 
purchased by the provisions of this chapter, and of 
selling the same. 

DISTRICT MEETINGS. 

Sec. 9. The annual meeting of each school district Annual meet- 
shall be held on the last Monday of September in each ing. when held 
year ; the hour of such meeting shall be six o'clock in 
the afternoon, unless otherwise provided by a vote of 
the district, duly recorded, at the last previous annual 
meeting. 

Sec. 10. No annual meeting shall be deemed illegal when aanual 
for want of due notice, unless it shall appear that the meeting not il- 
omission to give such notice was willful and fraudu- j^^^^^jl^Jg ^^"^^ 
lent,* 

Sec. 11. The inhabitants qualified by law to vote at Po-^^rers of an- 
a school district meeting, when assembled at the first nual district 
and each annual meeting in their district, shall have meeting. 
power — 

1st. To appoint a Chairman for the time being. 

2d. To adjourn from time to time as occasion may 
require. 

3rd. To choose a Director, Treasurer and Clerk. 

4th. To designate a site for a district school house. 

5th. To vote such tax on the taxable property of the 
district, as the meeting shall deem sufficient to purchase 
or lease a suitable site for a school house, and to build, 
hire, or purchase such school house, and to keep in re- 
pair and furnish the same with the necessary fuel and 
appendages. 

6th. To vote a tax on the taxable property of the dis- 
trict of such sum as the meeting shall deem proper for 
the pay of teachers' wages in the district. 

7th. To authorize and direct the sale of any school 
house, site, or other property belonging to the district, 
when the same shall no longer be needful for the use of 
the district, 

8th. To impose such tax as may be necessary to dis- 
charge any debts or liabilities of the district lawfully in- 
curred. 

9th. To vote a tax not exceeding twenty dollars in 

* See Form No. 8, 



II 



«OMMON SCHOOL LAW3 OF 



any one year lor the purchase of globes, black boards, 
outline maps, or any apparatus for illustrating the prin- 
ciples of agrictilture, chemistry, or the mechanic arts. 

10th. To give such direction and make such provi- 
sion as may be deemed necessary in relation to the pro- 
secution or defence of any action or proceeding in 
which the district may he a party or interested. 

11th. To alter, repeal and modify their proceedings 
as occasion may require. 

Sec. 12. Special district meetifigs may be called by 
the Clerk, or in his absence, by the Director or Treas- 
urer, on the written request of any five legal voters of 
the district, by notifying all the legal voters in such 
district; and the inliabitants qualified by law to vote, 
when lawfully assembled at a special meetihg, shal: 
have power to transact the same business as at the first 
and each annual meeting.* 
If election not Sec. 13. Whenever the time for holding an annuas 
Md atandual meeting in any district for the election of district ofR- 



Special mcet- 
ings how 
called, and 
Tfhat business 
Baav Ijansact. 



meeung, 



how 



sneciai meet- '^^'"^ shall pass without such election being held, the 
img called for Clerk, or in case of his absence, either the Director or 
that purpo&p. Treasurer last elected, within twenty days after the time 
of holding such meeting shall have passed, may notify 
a special meeting for such election in the maimer pre- 
scribed in the twelfth and twenty-ninlh sections of this 
chapter; but if such meeting shall not be notified within 
twenty days as aforesaid, the Town Superintendent may 
order any taxable inhabitant of such district to notify 
such meeting in the manner provided in this chapter 
for the formation of a new district ; and the officers 
chosen at such special meeting shall hold their offices 
until the time for holding the next annual meeting.f 

Sec. 14. No tax to be voted by a district meeting fo^ 
building, hiring or puichasing a school house, shall 
^s'on.exceptin exceed the sum of five hundred dollars, unless the Town 
<'*i"t«in <^a^^^"'- Superintendent of the town in which the school house 
is to be situated, shall certify in writing his opinion thai 
a larger sum ought to be raised, and shall specify the 
sum, in which case a sum not exceeding the sum so 
specified may be raised; and in districts composed of 
parts of several towns, the certificate of a major part 
of the Superintendents of said towns shall be necessar 
for such purpose.! 



Tas to build 
school house 
not to exceed 



* See Form No. 9. 



t Nos 6 and 9. 



t No. 11. 



THE STATE OF WISCONSIN. "1® 

Sec. 15. The qnalified voters, at each aininiial meet- What voters 
ing, may determine the length of time a school shall be ™?y deter- 
taught in their district the then ensuing year, which meetillg^""!?'^ 
shall not be less than three months, and whether such therneglecfc, 
school shall be taught by a male or female teacher, or ^J"^ ^"a/d to 
both, and whether the school moneys, to which the dis- game'""^ 
trict is entitled from the Common School Fund and 
from the town, shall be applied to the support of the 
summer or winter term of the school, or a certain por- 
tion to each; but if such matters shall not be determin- 
ed at the annual meeting, the District Board shall have 
power and it shall be their duty to determine the same. 

DISTRICT OFFICERS AND THEIR DUTIES. 

{See Note G.) 

Sec. 16. The officers of each school district shall be District offi- 
a Dirfctor, Treasurer and Clerk, who shall hold their ceis, how long 
respective offices three years, and until their successors to serve, 
shall have been chosen or appointed, but not beyond 
ten days after the expiration of their term of office, 
without being again elected or appointed ; Provided^ 
That at the first annual election of district officers after 
the passage of this act, and at the fir^t election of such 
officers in any newly organized district, the Clerk shall 
be chosen for one year, the Treasurer for two years, and 
the Director for three years ; and thereafter each officer 
shall be chosen for three years. Any person present at g ^^ ^.jg . 
a school district meeting at which he shall be elected of their elec- 
one of the District Board, shall be deemed to be noti- tJ"">and-wheia 
fied thereof, and any person so elected, and not present, hav™accepted. 
shall be notified thereof by the Clerk of such meeting 
within five days thereafter; and unless each person so 
elected arid notified shall, within ten days after his elec- 
tion, file with ttie Clerk his refusal in writing to accept 
the office, he shall be deemed to have accepted the 
same ; and any person appointed to fill a vacancy shall 
file with the Clerk his acceptance in writing before en- 
tering upon the duties of the office to which he has been 
appointed.* 

DIRECTOR. 

Sec. 17. It shall be the duty of the Director of each Duties of di= 
district to sign, together with the Clerk, all orders drawn rector. 

* See Forms Nos. 7, 12, 13 and 2]. 



^120 



COMMON SCHOOL LAWS OF 



by the Clerk upon the Treasurer of the district for mo- 
neys received by him to be disbursed therein.* 
Duties of di- Sec. 18. The Director shall appear for and on behalf 
Tector. of the district, in all af;tions brought by or against the 

district, when no other direction shall be given by the 
qualified voters of such district at a district meeting. 

TREASURER. 

Duties of trea- Sec, 19. It shall he the duty of the Treasurer of each 
surer. district to apply for and receive from the Town Super- 

intendent, all school moneys apportioned to his district, 
and pay over on the order of the Clerk and Director of 
such district all moneys so received by him.f 
His annual re- Sec. 2 _}. The Treasurer shall present to the district at 
P*''"^- each annual meeting a report in writing, containing a 

statement of all moneys received by him daring the 
preceding year, and of the disbursements made by him, 
with the items of such disbursements, and exhibit the 
vouchers therefor ; also a statement of all taxes assessed 
upon the taxable property of the district during the 
year, the purposes for which such taxes were assessed, 
and the amount assessed for each particular purpose, 
To pay over which report shall be recorded by the Clerk ; and if it 
rnoneys. ^ shall appear that any balance of moneys is in the hands 
of such Treasurer at the time of making his final report, 
he shall immediately pay over such balance to his suc- 
cessor in ofRce.J i 
Too-ivebond Sec. 21. The Treasurer shall, within ten days after] 
otherwise of- ' his election, execute to the district a bond in double the 
fice vacant. amount of money, as near as can be ascertained, to 
come into his hands as Treasurer, with sufficient sure- 
ties, to be approved by the Director and Clerk, condi- 
tioned for the faithful discharge of the duties of his 
office ; and if he shall fail so to do, his office shall be 
vacant.§ 
When filed ^^^- ^2. Such bond shall be filed with the Clerk, an 
and how pros- in case of any breach of the condition thereof, the Di-j 
ecuted. rector shall cause an action to be commenced thereo 
in the name of the district, and the money, when col- 
lected, shall be applied by such Director to the use oi 
the district, as the same should have been applied by 
the Treasurer. 

* S<--e Form No. 14. t Note C. t Form No. 15. § Form No. 16. 



THE STATE OF WISCONSIN. 21 

Sec. 23. If the Treasurer shall fail to give a bond as When board 
s required in this chapter, or shall decline to accept his ™ay appoint 
office, the said Board shall appoint a Treasurer, who ^^^^^*®^- 
shall possess all the powers of the District Treasurer, 
and shall, before entering upon the duties of his office, 
give a bond to the district in double the amount of 
moneys to come into his hands, as near as can be as- 
certained, in the same manner and with the same effect 
as the District Treasurer is required to give. 

Sec. 24. If such Treasurer shall refuse or neglect to when treasur- 
pay over any balance remaining in his hands, it shall er to prosecute 
be the duty of his successor in office to prosecute with- predecessor 
out delay his official bond for the recovery of such bal- 
ance. 

CLERK. 

Sec. 25. It shall be the duty of the Clerk of each dis- Duties of clerk 
trict to record the proceedings of his district in a book 
to be provided by the district for that purpose ; to enter 
therein copies of all reports made by him to the Town 
Superintendent, and to keep and preserve all records, To keep rec- 
books, and papers belonging to his office, and deliver "• 
the same to his successor in office.* 

Sec. 26. He shall be Clerk of the District [Board], and If absent from 
of all district meetings when present, but if he shall district meet- 

°,. . ^. ', Tr!j ^ iHS electors t© 

not be present at any district meeting, the quahned vot- appoint a clerk 
ers present may appoint a Clerk of such meeting, who 
shall certify the proceedings thereof, and the same shall 
be recorded by the Clerk of the district. 

Sec 27. The Clerk shall contract with and hire qual- To hire teach- 
ified teachers for and in the name of the district ; which er- 
contract shall be in writing, and shall have the consent iJ'^rftino-. 
of either the Director or Treasurer, or both, endorsed 
thereon, and shall specify the wages per week or month 
as agreed upon by the parties, and such contract so com- 
pleted shall be filed in his officaf 

Sec. 28. The District Board shall provide the neces- Board to pro- 
sary appendages for the school house, and keep the same appenda^^^ 
in good condition and repair during the time a school school house. 
shall be taught therein ; and they shall keep an accurate 
account of all expenses incurred by them, and present 
such account for allowance to the qualified voters at a 
regular district meeting ; and the amount of such ac- 

* See Note B. t See Form No, 17. 



f 2 0OMMON SCHOOL LAWS OF 

count as allowed by such meeting may be assessed and 
collected in the same manner as other district taxes, but 
no such account shall be allowed at a special district 
meeting unless the intention to present the same shall 
be specified in the notice for such meeting. 
CSerfeiogive Sec. 29. It shall be the duty of the Clerk to give at 
Mzdaysnotice jg^g^ gj^ ^jg^^g previous notice of every annual and 

of each annual .,,.■:•., ■'. ,/. 

amd special special district meeting, by posting up notices therefor 
meetinp:. in iour or more public places in the district, one of 

which notices shall be affixed to the outer door of the 
school house, if there be one in the district ; and he 
shall give the like notices for every adjourned district 
meeting, when such meeting shall have been adjourned 
What notice of fQ J. j^ longer period than one month ; every notice for a 

apecial meet- • i ? ■ in • /■ i i • ^ r 

ing to specify, special district meeting shall specify the objects tor 

which such meeting is called, and no business shall 

be acted upon at any special meeting which was not 

specified in such notic<*. 

Ckrb to report ^^^' ^^' ^^ shall be the duty of the Clerk, between 

to Town su- the first and fifteenth days of Julyf in each year, to 

pmntendent. make and transmit a report in writing, sigtjed by him, 

to the Town Superintendent, dated on the first day of 

July,| in the year in which it shall he transmitted, 

showing :§ 

"See Forms Nos. 6, 9, 10. 

fThese dates and inontlis are not as they were iritendod by the State 
Superintendeni arid Chairman of the Senati- Comiuiliee on Eriucation, 
■who prepared iho bill, which pa-ised on the last evetjing of the nessioa 
of 1858; and by some unaccouiitablt^ mistake in the hurry consequent 
upon the close f the session, these en ors tiecame incorporated in the 
law. As it i.4 impossible to carry them into effect this year, and would 
piove, if enforced, a great hardship npon such districts an have only a 
three montlis' school, and that in the summer, the State Superintend- 
ent, with the consent and approval of the Governor, hereby directs the 
District Clerks to make their annual reports, until otherwise directed, 
as follows : The school year, as f>rinerly, to clwsa Antjust 3Ist ; their 
reports to bear date Septf.mber \sf, and to be maile to the Town Super- 
intendents betweeri the fird and tenth dai^s of September. Thus will 
the Town Superinteiiilents be enatiled. as l\w law requires, to make 
their repoits between the fifteenth and twenty fifth day a of September ; 
and the Cleiks of the Beards of Supervisors to make theirs on or be- 
fore the tenth dav of October ; and the State Superiritendent, on or 
before the tenth of December. The law with reference to the close of 
the school year, ad the time for the District Clerks to make their re- 
ports, will doubtless be amended at the next session of thcs Legialatnre 
so as to correspond with the instructions above given. 

tSce preceding Note, directing September to be substituted for July. 

$Sec Form No. 18. 



THE STATE OF WISCONSIN. 23 

IsL The number of children, male and female, des- Report, whafc 
Ignaied separately, residing in the district on the last toshow. 
day of June* previous to the date of such report, over 
the age of four, and under the age of twenty years ; 

2nd, The number attending school duririg the year 
under the age of four, and the number over the age of 
twenty years ; 

3rd. The whole number that have attended school 
during the year.; 

4th. The length of time a school has been taught 
during the year by a qualified teacher, the name of 
each teacher, the length ot time taught by each, and 
the wages paid to each ; 

5th. The average length of time scholars over the 
age of four and under the age of twenty years, have 
attended school during the year ; 

6th. The amount of moneys received from the Town 
Superintendent within the year, and the manner in 
which the same has been applied ; 

7th. The amount raised by the district in such year, 
and the purposes for which it was raised ; 

Sth. The kind ol books used in the school ; 

9th. Such other facts and statistics in regard to the 
school and the subject of education as the State Super- 
intendent may direct. 

Sec. 31. The State Superintendent is hereby author- stategHpem- 

ized and required, on or before the 1st day of June in te'ident tofu*^ 

each year, to furnish to each School District Clerk in forms. 

the Slate, a blank form, upon which such officer shall 

make his annual report to the Town Superintendent of 

his own town. 

Sec. 32, It shall be the duty of the Clerk to draw ^, , <- j- 
J 1 m c I J- • J- ■ L. Clerks to dfaw 

orders on the Treasurer of the district tor money m the orders on trea- 

hands of such Treasurer, which has been apportioned surer, 
to, or raised by, the district, to be applied to the pay- 
ment of teachers' wages, and apply said moneys to the 
payment of such teachers as shall have been etnployed 
by him in the name of the district, and also to draw Money, bov 
orders on said Treasurer for moneys in his hands, to °'^'>^^»- 
he disbursed for any other purpose for which the same 
shall have been voted by the distiict, agreeably to the 
provisions of this chapter: Provided, Said orders shall 
be signed by the Dlrector.f 

* This should be August. i See Form No. 14. 



24 COMMON SCHOOL LAWS OF 



Clerk to fur- Sec. 33. The Clerk of each school district shall fur- 
nish register, nish, at the expense of the district, a school register, in 
tain and where *^® ^°^^^^ prescribed by the State Superintendent, in 
t» be deposit- which ev.ery teacher in the district shall be required to 
ed. enter the names, ages, and studies of all the scholars 

attending school, and daily their attendance and ab- 
sence ; which register shall be deposited with the Clerk 
at the end of each term ; and any teacher who shall 
willfully neglect or refuse to comply with the require- 
ments of this section, shall forfeit his or her wages for 
teaching in such district.* 

OF THE ASSESSMENT AND COLLECTION OF SCHOOL DISTRICT 
TAXES. 

(See Note D.J 

District Clerk Sec. 34. The Clerk of each school district shall, on 
to furnish or before the fourth Monday of November in each 
wi^'a verified year, deliver to the Town Clerk in which the district is 
statement of situated, a Statement in writing, verified by his affidavit, 
all taxes Tot«d showing the amount of the tax or taxes voted to be raised 
T f ■ h list ^^ ^^^ ^^^^ preceding annual meeting, or at the first meet- 
of persons and ing after the organization of the district, or both, as the 
corporations case may require, together with a list of all persons and 
liable to tax. corporations liable to a school district tax therein. In 
How to pro- c^se of a joint district he shall deliver to the Town 
ceed in case of Clerk of each town in which any part of the district is 
joint district, situated, a statement so verified, showing the propor- 
tion of the tax to be assessed in that part of the dis- 
trict within such town, together with a list of all per- 
sons and corporations liable to a school district tax in 
that part of the district. Such proportion shall be 
ascertained from the valuations contained in the last 
assessment rolls of the respective towns ; and to ena- 
ble the District Clerk to ascertain the same, the town 
Clerk of each such town, shall, on demand, at any 
time after he has received the equalized assessment 
Town Clerk to ^oll of his town, deliver to the clerk of any such joint 
furnish certi- district, a certified statement of the valuation of real 
^f "^ l^ue^S^"* ^^^^ personal property in that part of such district lying 
property. within his town, as the same appears from said assess- 
ment rolLf 
T how as- ^^^" '^^' '^^® Town Clerk shall assess such tax, or 
sessed and col- the due proportion thereof, upon the real and personal 

* See Form No. 19. t See Forms Nos, 20 and 21. 



THE STATE OF WISCONSIN. 25' 

property liable thereto, placing the same in a separate 
column in the next assessment roll of his town, deliv- 
ered to the Town Treasurer for collection, whenever 
such certificate of the District Clerk shall be received 
by him in time therefor, although after the fourth 
Monday of November. And if for any reason such 
tax shall not be assessed in the next assessment roll 
after the tax is voted, it shall be assessed in that of the 
next succeeding year. The tax shall, in all respects, To whom paid 
be collected or returned delinquent like other taxes, 
and when collected the money shall be paid over to 
the District Treasurer. And whenever any part and 
not the whole of the taxes for all purposes assessed in When part to 
the assessment roll to any person or corporation, or ^ ^^^ ' 
upon any real estate, shall be collected by the Town 
Treasurer, he shall pay over the due proportion of the 
amount collected by him to the District Treasurer. 

Sec. 36. It shall be the duty of the Town Treasu- Delinquent 
rers of the several towns to pay over to the Treasurers taxes ho-wpaid 
of the several school districts in their respective towns, 
on demand, the amount of all school district taxes re- 
turned to the County Treasurer of their respective 
counties as delinquent, whenever the same shall have 
been collected and paid over by said County Treasu- 
rers to such Town Treasurers ; or if any such Town 
Treasurer shall receive credit from the County Treasu- 
rer, for such delinquent tax, or any part thereof, on 
account of any demand or claim due from such town 
to said county, then said Town Treasurers shall pay 
over the amount of such delinquent tax, or the part for 
which credit has been so received, to the Treasurer of 
the proper school district, on demand thereafter. 

[Section 2, of An Act approved May 17th, 1858, and 
published June 1st, 1858, reads as follows: 

[Sec. 2. So much of chapter nineteen of the Revised 
Statutes as relates to the assessment and collection of 
school district taxes, is hereby revived for the purpose 
of assessing and collecting any tax that may be voted 
at any special meeting, in accordance with the provi- 
sions of section one of this act. — See Sec, 12, page 18. 

[And the following are the sections of the Revised 
Statutes of 1849 thus revived, and applicable to the 
4 



u 



COMMON SCHOOL LA\yS OP 



Tax list wLat 
to contain. 



Assessmeni 
ftow made. 



collection of school district faxes that may be voted at 
any special meeting : — 

Taices bow as- [Sec. 66. All taxes raised and collected in any school 
district, for any of the purposes authorized by the pro- 
visions of this chapter, except when otherwise provi- 
ded, shall be assessed on the same kind of property as 
taxes for town and county purposes are assessed. 

[Sec. 67. The Clerk of each school district, in making 
out any tax list, shall enter therein the names of all 
persons liable to pay a school district tax in such dis- 
trict, the amount of personal property to be taxed to 
each such person, and a description of all the taxable 
real estate in such district, and he shall set opposite to 
each description of taxable property the valuation of 
the same and the amount of tax charged upon such 
property, and to each person respectively; such de- 
scription and valuation of taxable property shall be 
ascertained so far as possible from the last assessment 
roll of the town, 

[Sec. 68. Whenever any real estate in any school 
district shall not have been separately valued in the 
assessment roll of the town, and the valuation of such 
real estate cannot be definitely ascertained from such 
assessment roll, the District Board of such district shall 
estimate the value of the same, in proportion to the 
valuation affixed in said assessment roll to the whole 
tract of which such lot or piece of land forms a part, 

Howaltered, [Sec 69. Whenever a school district embraces a part 
of more than one town, the Town Superintendents of 
the towns so in part embraced, upon applicarion of any 
three persons liable to pay taxes in such district, shall 
proceed to enquire and determine whether the valua- 
tions of ta:?fable property in the assessment rolls of such 
towns are just, as compared with each other, in respect 
to such district, and if considered not to be so, they 
shall determine the relative proportion of taxes to be 
assessed upon the real estate of the parts of such dis- 
trict so lying in different towns; and any tax thereafter 
to be raised in such district, shall be apportioned and 
assessed according to such determination, until the 
pame shall be alrered upon a like application and de- 
termination as before mentioned; and in cases where 
the Superintendents cannot agree as to such valuatioQ, 
they shall summon a Superintendent from an adjoin- 



THE STATE OF WISCONSIN. 2T 

ing town, who shall unite in such inquiry and deter- 
mination. 

[Sec. 70. The warrant annexed to any tax list shall Wairant what 
be under the hand of the Clerk of the district, and to contain, 
shall command the Treasurer of such district to collect 
from each of the taxable persons and corporations 
named in such tax list, and of the owners of the real Treasurer to 
estate described therein, the several sums set opposite rante"**^^'^^ 
to the persons and corporations so named, and to the 
several tracts of land so described, within lorty days 
from the date thereof, and within ten days from the 
date of such warrant, to personally demand such tax of 
the persons charged therewith in such lists, if they be 
found within his town ; and that if any such tax shall 
not be paid within said ten days, to collect the same 
by distress and sale of personal property, in the same 
manner as Town Treasurers are authorized to collect 
town and county taxes ; and the said Treasurer shall 
execute said warrant and return the same to the Clerk 
at the expu'ation of the time limited therein for the 
collection of such tax list.'^ 

[Sec. 71. If any tax on real estate, in any tax list de- Proceedings 
livered to the Treasurer of any district, shall remain ^^?° **^®^.^" 
unpaid at the time he is required by law to return his ^^^^ ^^^^' 
warrant to the C'erk of the district, such Treasurer 
shall make out and deliver to the Town Clerk of his 
town, a statement in writing, containing a description 
of the lots and pieces of land upon which such taxes 
remain so unpaid, together with the amount of tax as- 
sessed to each ; and he shall make and subscribe an 
affidavit to such statement before some Justice of the 
Peace, or other person auihorized to administer oaths, 
that the taxes mentioned in such statement remain un- 
paid, and that after diligent efforts he has been unable 
to collect the same; and whenever atjy school district 
shall embrace parts of more than one town, such 
Treasurer shall make his return, as aforesaid, to the 
Town Clerks of the towns in which such parts of such 
district shall be situated. 

[Sec. T2. The Town Clerk, upon delivery to him of Certificate oi 
such statement, shall give a certificate to the Treasurer be given to 
of the amount of taxes so remaining, unpaid, as the -®^"^'^' 
same shall appear from the statement of such Treasu- 

' See Forms 34 and 3.'). 



28 



COMMON SCHOOL LAWS OF 



Uupaid taxes 
to be entered 
in next assess- 
ment roll. 



Warrant may 
be executed 
out of town or 
county. 



Errors in tax 
list may be 
corrected by 
board. 



How warrant 
renewed. 



When tenant 
paying taxes 
may recover 
same of owner, 



rer ; which certificate shall be deposited by the Treas- 
urer with the District Clerk, and shall be filed by such 
Clerk. 

[Sec. 73. Such Town Clerk shall, on making out the 
duplicate assessment roll of the town next thereafter, 
enter such unpaid taxes in a separate column therein, 
opposite to the description of the land upon which the 
taxes so remain unpaid, and such taxes shall be collect- 
ed in the same manner as town and county taxes are 
collected ; and when so collected shall be paid over to 
the Town Superintendent of such town, who shall pay 
the same to the Treasurer of the district in which such 
taxes were originally assessed. 

[Sec. 74. The warrant issued by the Clerk of any 
school district for the collection of any district tax au- 
thorized to be raised and collected by any of the pro- 
visions of this chapter, may be executed in any other 
district or town in the same county, or in any other 
county in which any part of such district is situate, 
when the district is composed of parts of two or more 
adjoining counties, and such warrant shall have the 
like force and effect as a warrant issued by a Town 
Clerk lor the collection of town and county taxes ; and 
the Treasurer of the district to whom any such war- 
rant may be delivered for the collection of a tax list, 
shall possess the like powers in the execution of the 
same as are conferred by law upon the Treasurers of 
towns in the collection of town and county taxes. 

[Sec. 75. Whenever any error shall be discovered in 
any district tax list, and made to appear to the District 
Board, they may order any moneys which may have 
been improperly collected on such tax list, to be refund- 
ed, and may authorize and empower the Clerk to 
amend and correct such error in said tax list. 

[Sec. 76. Whenever the Clerk of any district shall 
deem it necessary, he may renew the warrant annexed 
to any tax list, in his district, for thirty days, but he 
shall have power to renew such warrant but once with- 
out the consent of the Superintendent of the town in 
which the school house of such district shall be loca- 
ted, which consent shall be endorsed on such warrant. 

[Sec. 77. When any district tax shall be lawfully as- 
sessed and paid by any person on account of any real 
property whereof he is only a tenant at will or for any 
period not exceeding three years, such tenant may 



THE STATE OP WISCONSIN. 29 

charge and collect of the owner of such real estate the 
amount of the tax so paid by him, unless some agree- 
ment to the contrary shall have been made by such 
tenant.] 

DISTRICT BOARD. 

{See Mote E.) 

Sec. 37. The Director, Treasurer and Clerk, shall t^^^e^jjig^^f^ft ^" 
constitute the District Board. Board. 

Sec. 38. They shall purchase or lease such a site for Their powers 
a school house as shall have been designated by the and duties, 
district, in the corporate name thereof, and shall build, 
hire, or purchase such school house out of the funds 
provided for that purpose, and make sale of any school 
house site or other property belonging to the district, 
and if necessary execute a conveyance of the same in 
their name of office, when lawfully directed by the 
qualified voters of such district at any annual or spe- 
cial meeting.* 

Sec. 39. The said Board shall have the care and To have care of 
keeping of the school house and other property be- ^^'^°°^^^^^''^' 
longing to the district, except so far as the same shall 
be especially confided to the care of the Clerk, inclu- 
ding all books purchased by the district for the use of 
any children. 

Sec. 40. The said Board shall have power to fill, by When to fill 
appointment, any vacancy that shall occur in their 'l^^'^^J "^ 
own number, within ten days after such vacancy shall mimber, and 
occur; and if such vacancy shall not be filled within whenSuperin- 
ten days, as aforesaid, by said Board, it shall be the ^^'"^^"^ ^^^^^• 
duty of the Town Superintendent to fill such vacancy 
by appointment.f 

Sec 41. The District Board may purchase, at the When Board 
expense of the district, when families or suardians ^^ purchase 

111 ^-11 711,1 school books 

may not be able to furnish the same, such school books for children. 
as in their judgment may be necessary for the use of 
any children attending school in their district, and they 
may include the amount of such purchase in any tax 
to be collected in such district. 

WHAT SHALL BE TAUGHT IN SCHOOLS. 



Sec. 42. The Board in each school district shall have Board to de- 
)\ver, under the advice of the Superintendent of Pub- termine wha 

books to be 
* See Forms Nos. 22 and 23. t See Form No. 24. used, 



se 



COMMON SCHOOL LAWS OF 



lie Instruction, to determine what school and texi 

books shall be used in the several branches taught in 

the school of such district. 

What to be ^EC. 43. In every district school there shall he. 

taught in dis- taught, in the English language, orthography, reading, 

tnrtfechoolfi. -writnig, English grammar, geography and arithmetic, 

during the time such school shall be kept, and such 

other branches of education as may be determined 

upon by the Board. 



Town Super- 
intendent to 
give bond. 



Penalty of 

boBd, 



Condition of, 
and how ap- 
proved and 
filed. 



Duties of 
Town Super- 
jotendent. 



TOWN SUPERINTENDENT AND HIS POWERS AND DUTIES. 

(SceMleF.) 

Sec. 44. It shall be the duly of the Town Superin- 
tendent of Common Schools, withia ten days after he 
shall have been notified of his election or appointment, 
to execute to the Chaiiman of Supervisors of his town, 
and file with the Town Clerk, a bond with one or more 
sufficient sureties, to be approved by the said Chairman 
of Supervisors, by indorsement over his signature on 
said bond, with a penalty, as near as can be ascertained, 
of double the amount of all the school moneys to 
come into his hands during the term of his office, and 
conditioned for the faithtui application and legal dis- 
bursement of all such school moneys according to law, 
and for the faithful discliarge of ^11 the duties of his 
office ; and in case such bond shall not be executed, 
approved and filed within the time prescribed in this 
section, the office of such Town Superintendent shall 
be deemed vacant.* 

Sec. 45 It shall be the duty of the Town Superin- 
tendent in each town — 

1st. To divide the town into a convenient number of 
school districts, and to regulate and alter such districts 
as hereinafter provided. 

2nd. To describe and number the school districts, 
and to deliver the description thereof and numbers in 
writing, to the Town and District Clerk, immediately 
after the formation or alteration thereof. 

3rd. To apply for and receive from the County 
Treasurer, all moneys apportioned for the use of Com- 
mon Schools in his town, and from the Treasurer of 
the town, all the moneys raised therein for the same 
purpose. 

* See Form No. 32. 



THE STATE OF WISCONSIN. 31 

4tb. To apportion the school moneys received from 
the Town and County Treasurers, on the third Mon- 
day in March in each year, or as soon thereafter as he 
shall receive the same, to the several districts and parts 
of districts within the town, in proportion to the num- 
ber ot children residing in each, over the age of four 
and under the age of twenty years, as the same shall 
have appeared from the last annual reports of their 
respective Clerks. 

5th. To see that the annual reports of the Clerks of 
the several school districts in his town, aie made cor- 
rectly and in due time. 

6th. To sue for and collect in his name of office, all 
penahies and forfeitures imposed in this chapter, which 
shall be incurred by any otficer or inhabitant of his 
town, and in respect to which no other provision is 
made. 

Sec. 46. It shall be the duty of the Town Superin- To make re- 
tendent, between the fifteenth and twenty-fifth days of port- 
September in each year, to make and transmit to the 
Clerk of the Board of Supervisors of the county, a re- 
port in writing, bearing date on the fifteenth day of 
September, in the year of its transmission, stating — * 

1st. The whole number of school districts separately What report 
set on within the town ; 

2nd. The districts and parts of districts from which 
reports shall have been made to him or his immediate 
predecessor in office, within the time limited for that 
purpose 5 

3rd. The length of time a school shall have been 
taught in each of such districts or parts of districts, 
disunguishing what portion of that time the school 
has been taught by qualified teachers ; 

4th. The amount of public moneys received in each 
of such districts and parts of districts ; 

5ih. The number of children taught in each, and 
the number of children over the age of four and under 
the age of twenty years, residing in each ; 

6th. The whole amount of moneys received by him 
from his predecessor in office, since the date of the last 
preceding report, distinguishing the amount received 
from the County Treasurer, from the amount received 
from the Town Treasurer, and from other sources, if 
any; 

* Form No. 25. 



32 COMMON SCHOOL LAWS OF 

7th. The manner in which such moneys have been 
expended, and whether any and what part remains 
unexpended, and for what cause ; 

Sih. The amount of money raised in the districts 
and paid for teachers' wages, in addition to the public 
money paid therefor; the amount of taxes raised for 
purchasing school house sites, for building, hiring, pur- 
chasing, repairing and insuring school houses ; for 
fuel, for district libraries, or for any other purpose al- 
lowed by law, in the districts or parts or districts from 
which reports have been received by him, or his pre- 
decessor, since the date of the last preceding report, 
with such other information as the State Superinten- 
dent may from time to time require. 
Moneys not to Sec. 47. No moneys shall be apportioned to any dis- 
beapportioned trict or part of a district, unless it shall appear, by the 
"rilght three ^ report thereof, that a school has been taught therein, 
Tnonths, and for at least three months during the year ending at the 
Scbool Fund (j^te of such report, by a qualified teacher, and that all 
™Temled^^ "^ school moneys received during that year from the 
School Fund have been applied to the payment of the 
wages of such teacher; and no portion of the library 
money shall be apportioned to any district or part of a 
Library mon- district, uuless it shall appear from the last annual re- 
ey when not to port thereof, that the libiary money received at the 
beappoitioned Jg^gj. pj-gceding apportionment was duly expended ac- 
cording to law, before the first day of July* subsequent 
to such apportionment, and that such district has com- 
plied with the regulations established by the State Su- 
perintendent in relation to district libraries. 
Superintend- Sec. 48. The Tovvu Superintendent, in each town, 

count orSon- ^^^^^ ^^^^ ^ J^^^^ ^^^^ ^™*^ accouut of all school mon- 
ey received eys received and expended by him during each year 
and expended, {qj- which he shall have been chosen, and shall lay the 
same before the Board of Auditors of Town Accounts, 
at the annual meeting ot stich Board in each year. 
To render ac- Sec. 49. The Town Superintendent of Schools in 

count to sue- q^q^^ town, shall, within ten days after the termination 
ccssor 

of his office, render to his successor in office, a just 

and true account, in writing, of all school moneys re- 
ceived by him during the preceding year, and of the 
manner in which the same shall have been appropria- 
ted and expended by him; and the account so ron- 

*See Note to Section 30, page 22. 



THE STATE OP WISCONSIN. 33 

dered shall be delivered by such successor in office to 
the Town Clerk, to be filed and recorded in his office. 

Sec. 50. On rendering such account, if any balance ,p 
shall be found remaining in the hands of such Town to successor. 
Superintendent, the same shall be immediately paid 
by him to his successor in office. 

Sec. 51. Such successor in office shall bring an ac- Successor to 
tion upon the official bond of any previous Town Su- bring suit, 
perintendent, for the recovery, with interest, of any 
unpaid balance of school moneys that shall appear to 
have been in his hands on leaving his office, either by 
the accounts rendered by such Town Superintendent, 
or by other sufficient proof. 

Sec. 52. The Town Superintendent in each town, guperinten- 
shall have the powers and privileges of a corporation, dent to have 
so far as to enable him to take and hold any property powers of a 
transferred to him for the use of Common Schools in '^'^^P**^^ ^®°' 
such town. 

Sec, 53, The Town Superintendent shall be entitled Pay ofSuper- 
to receive one* dollar per day for every day actually intendent. 
and necessarily devoted by him, in his official capaci- 
ty, to the service of the town for which he may be 
-chosen, the same to be paid in like manner as other 
town officers are paid. 

Sec 54. If, after the time when the annual reports of Apportion- 
the school districts are required to be dated, and before ment by Su- 
the apportionment of school moneys shall be made, a fa'case of ^- 
district shall be duly altered, or a new district shall be vision of dis- 
formed in the town, so as to render an apportionment, *"ct. 
founded on such annual reports, unjust as between two 
or more districts of the town, the Town Superintendent 
shall make an apportionment to such districts accord- 
ing to the number of children in each over the age of 
four, and under the age of twenty years, ascertaining 
that number by the best evidence in his power. 

Sec. 55. All moneys apportioned by the Town Su- ^^j^g^ moneys 
perintendent, to any district or part of a district;, which to be added to 
shall have remained in the hands of said Town Super- °®^* appor- 
intendent for one year after such apportionment, by 
reason of such district or part of district neglecting 
or refusing to receive the same, shall be added to the 
moneys next thereafter to be apportioned by such 

*The Revised Statutes of 1858, fix t compensation at $1 50 a day. 
Sae Title iv. Chap. 15, Sec, 93. 

5 



34 



COMMON SCHOOL LAWS OF 



Town Superintendent, to the several districts and parts 
of districts in such town, and apportioned therewith. 



Teachers, how 
and by -whom 
examined. 



Certificate, 
form of. 



By whom 
granted in case 
of joint dis- 
trict. 



May annul 
certificate. 



Note to be 
made and filed 



Re-examina- 
tion,/when 
may be. 



To visit 
fichools. 



INSPECTION AND SUPERVISION BY TOWN SUPERINTENDENT. 

(See Note G.) 

Sec. 56. It shall be the duty of the Town Superin- 
tendent to examine annually all persons offering them- 
selves as candidates for teachers of Common Schools 
in his town, in regard to moral character, learning, and 
ability to teach school; and he shall deliver to each 
person examined and found qualified, a certificate 
signed by him in such form as shall be prescribed by 
the State Superintendent; which certificate shall be in 
force for one year from the date thereof, unless an- 
nulled within that time, and no person shall be deemed 
a qualified teacher within the meaning of this chapter 
who has not such a certificate in force. A certificate 
granted by any Town Superintendent, as provided in 
this section, shall not be deemed a legal qualification of 
a teacher within the meaning of this chapter in joint 
school districts, except in cases where the school house 
is situated in the town for which the Superintendent 
granting the certificate was chosen.* 

Sec. 57. The Town Superintendent may annul any 
such certificate, given by him or his predecessor in 
office, when he shall think proper, giving at least ten 
days previous notice in writing to the teacher holding 
it, and to the District Board of the district in which 
he may be employed, of his intention to annul the 
same. 

Sec 58. The annulling of a certificate shall not dis- 
qualify the teacher to whom it was given, until a note 
containing the name of the teacher, and the time when 
the certificate was annulled, shall be made by the 
Town Superintendent, and filed in the office of the 
Town Clerkf 

Sec. 59. The Town Superintendent, whenever he 
shall deem it necessary, may require a re-examination 
of all or any of the teachers in his town, for the pur- 
pose of asceitaining their qualifications to continue as 
such teachers. 

Sec. 60. It shall be the duty of the Town Superin- 
tendent to visit all such Common Schools. 



'See Form No. 26. 



tSee Form No. 27 and Note G. 



THE STATE OF WISCONSIN. 35 

Sec. 61. At such visitation, the Town Superinten- Duties as visi- 
dent shall examine into the state and condition of such tor. 
schools, both as respects the progress of the scholars in 
learning, and the good order of the schools, and may 
give his advice and direction to the Boards of Direc- 
tors and the teachers of such schools, as to the gov- 
ernment thereof, and the course of studies to be pur- 
sued therein. 

OP FORMATION AND ALTERATION OF SCHOOL DISTRICTS. 

(See Note H,) 

Sec 62. Whenever the Town Superintendent shall Notice of in- 

contemplate an alteration of the boundaries of a school Mention to alter 
, . . ^, , , , . 1 ^1 • • • district to be 

district, he shall give at least five days notice m writ- given. 

ing to the Clerk of the district or districts to be affected 
thereby, stating in such notice the time and place when 
and where he will be present to hear and decide upon 
such proposed alteration ; and it shall be the duty of such 
Clerk or Clerks immediately to notify the other mem- Whomaycon- 
bers of the Board. In hearing and deciding upon the stitute Board 
alteration of a school district, the District Board of the 
district or districts to be affected by such alteration 
may apply to the Chairman of the Town Board of 
Supervisors and Town Clerk, to be associated with the 
'^'own Superintendent, and a majority of the Board so unless appeal- 
constituted shall be necessary to make any change in ed from, 
the boundaries of a school district, and their action 
shall be final unless duly appealed from.* 

Sec. 63. In all cases where an alteration of the ^^^^ g gj.„ 
boundaries of a school district shall te made, the intendent to 
Town Superintendent shall, within three days thereaf- ^"^ notice of 
ter, give notice thereof, by filing a copy of the order so 
altering the same with the Clerk of the district or dis- 
tricts affected by such alteration ; and no alteration of 
any school district, made without the consent of a 
majority of the District Board indorsed on such order, 
shall take effect until three months after notice given 
as above specified, nor shall any alteration of an organ- ^^trict'when 
ized school district be made to take effect between the to take effect, 
first day of December in any one year, and the first 
day of April following.f 

Sec. 64. When a new district is formed, in whole or when new 
in part, from one or more districts possessed of a district formed 

property to be 
* See Form No. 28. tSee Forms Nos. 29 and 31. divided. 



ill COMMON SCHOOL LAWS OF 



How division 



school house, or entitled to other property, the Town 
Superintendent, at the time of forming such new dis- 
trict, shall ascertain and determine the proportion of 
the value of the school house and other property justly 
due to such new district.* 

Sec. 65. Such proportion shall be ascertained^ and 
made."*^""" ' determined according to the value of the taxable prop- 
erty of the respective parts of such former district at 
the time of the division, by the best evidence in the 
power of the Town Superintendent; and such amount 
of any debt due from the former district, which would 
have been a charge upon the new, had it remained in 
the former district, shall be deducted from such pro- 
portion. 
Proportion to]] Sec. 66. Such proportion, when ascertained, shall be 
^™sed,how raised and collected by tax upon the taxable property 
apph^. ^^ ^^ ^^^® district, retaining the school house or other prop- 
erty of the former district, in the same manner as other 
district taxes are collected, and when collected, shall be 
paid to the Treasurer of the new district, to be applied 
towards procuring a school house for such district ; and 
the money so paid to the new district shall be allowed 
to the credit of the taxable property taken from the 
former district, in reduction of any tax that may be 
imposed on said taxable property, in the new district, 
for the building of a school house. 
Frooeedings Sec. 67. Whenever it shall be necessary to form a 
when district district from two or more adjoining towns, the Superin- 
partsVtwoor tendents of such adjoining towns shall meet together 
BQwe adjoin- and form such district and deliver the notice of such 
ing.towns. formation to a taxable inhabitant of such district, 
whose duty it shall be to serve such notice, as provided 
in the second section of this chapter, and the Clerk of 
the district so formed shall make such report to the 
Superintendent of each such adjoining town, of such 
part of said district as may be situate in such town, as 
is prescribed in the thirteenth section of this chapter ; 
and any district so formed may be altered or regulated 
by the Superintendents of such adjoining towns as may 
be deemed necessary.! 

WHEN APPEAL MAY BE TAKEJf. 

In what cases Sec. 68. Any person conceiving himself aggrieved 
app^lmaybej^ consequence of any decision made by any eghool 

* See Form No. 30, f See Forms Nos. 2 and 3. 



THE STATE OP WISCONSIN, ^^ 

district meeting, or by the Town Superintendent, in. 
forming or altering, or refusing to form or alter any 
school district, or concerning any other matter under 
the provisions of this chapter, may appeal to the State 
Superintendent, who is hereby authorized and required 
to examine and decide the same ; and such decision 
shall be final and conclusive ; Provided, however. That 
the decision appealed from shall be operative until the 
State Superintendent shall reverse or change the same. 

VALUATION AND EQUALIZATION OP PROPERTY, 

(See Mie I.) 

Sec. 69. All taxes raised and collected in any school Taxes, oowtei; 
district for any of the purposes authorized by the pro- ^q^^q^^ -^ ^° 
visions of this chapter, except when otherwise provid- 
ed, shall be assessed on the same kind of property as 
taxes for town and county purposes are assessed. 

Sec. 70. Whenever any real estate in any school dis- ^^\ ^'^^f^- 
trict shall not have been separately valued in the as- certain caseg,. 
sessment roll of the town, and the valuation of such 
real estate cannot be definitely ascertained from such 
assessment roll, the Town Clerk shall estimate the value 
of the same, in proportion to the valuation affixed in 
said assessment roll to the whole tract of which such 
lot or piece of land forms a part. 

Sec. 71. Whenever a school district embraces a part Equalizai)i@E 
of more than one town, the Town Superintendents of "f pfo^f^^y isi 
the towns so in part embraced, upon application of any joint distra<j4so 
three persons liable to pay taxes in such district, shall 
proceed to inquire and determine whether the valua- 
tions of taxable property in the assessment rolls of such 
towns are just as compared with each other in respect 
to such district, and if considered not to be so, they 
shall determine the relative proportion of taxes to be 
assessed upon real estate of the parts of such district 
so lying in difterent towns, and shall certify the same 
to the Town Clerk of each town, and if received by 
him previous to making out the assessment roll for 
that year, he shall assess the school district tax accord- 
ing to such equalized valuation. In cases where the 
Superintendents cannot agree as to such valuation, 
they shall summon a Superintendent from an adjoin- 
ing town, who shall unite in such inquiry and deter- 
mination. 



3S 



COMMON SCHOOL LAWS OF 



Town Clerk to 
keep reports, 
records, Ac. 



DUTY OF TOWN CLERKS. 

Sec. 72. It shall be the duty of the Town Clerk to 
receive and keep all reports made to the Town Super- 
intendent, from Clerks of school districts, and all books, 
maps and papers belonging to the Town Superinten- 
dent when required, and file them in his office ; and 
he shall record, in a book kept for that purpose, such 
description of school districts, and organization or al- 
teration thereof as shall be transmitted to his office by 
the Town Superintendent. 



To preserve 
documents, Jkc. 
received from 
Town and 
State Superin- 
tendents. 



Clerk to make 
report annual- 
ly to State Su- 
perintendent. 



Written state- 
ment to Coun- 
ty Treasurer 
annually. 



DUTIES OF CLERK OF THE COUNTY BOARD OF SUPERVISORS. 

{See Note J.) 

Sec. 73. It shall be the duty of the Clerk of the 
County Board of Supervisors in each county to receive 
all documents transmitted to him by the Town Super- 
intendents of the several towns in his county, and all 
communications directed to him by the State Superin- 
tendent, and keep the same in his office, or dispose of 
the same as directed by the State Superintendent. 

Sec 74. The said Clerk shall, on or before the tenth 
day of October in each year, make and transmit to the 
State Superintendent, a report in writing, setting forth 
the whole number of towns in his county, distinguish- 
ing those from Avhich the required reports have been 
made to him by the Town Superintendents, and con- 
taining an abstract- of their reports.* 

Sec 75. He shall also within the time mentioned in 
the preceding section, make and deliver to the County 
Treasurer, a written statement of the whole number of 
children in each town in the county over the age of 
four, and under the age of twenty years, as shown by 
the Town Superintendents' reports, and the Board of 
Supervisors of each county shall allow to the Clerk 
thereof such compensation as they may deem reason- 
able, for the services required of him by the provisions 
of this chapter. 



LIBRARIES AND LIBRARY FUND. 



Tenpercent. Sj;(. ^q Each Town Superintendent may, in his 
moneysappor- discretion, set apart a sum not exceeding ten per cent. 



See Form No. 33. 



THE STATE OF WISCONSIN. 39 

of the gross amount of the school money apportioned tioned to dis- 
to any school district which shall be applied by such sefc*^*apTrt^ for 
districts to the purchase of school district libraries, libraries, 
which shall be the property of such districts ; and any 
resident of a school district, and the parents and guar- 
dians of all the children therein, between the ages of who may use 
four and twenty years, shall be permitted to use books books of the 
from the school district library of said district without ^^'■^" 
charge, being responsible to the district for the safe re- 
turn thereof, and for any injury done thereto, according 
to such rules and regulations as may be established by 
the State Superintendent; Provided, hoivever, That for ^1^^^^^^^^ 
the city of Milwaukee ten per cent, only on the raaybeapplied 
amount of money received from the State shall be ap- to the teaching 
portioned for library purposes as prescribed herein ; 
Provided, That when the District Board or School 
Commissioners, shall so determine, a portion of the li- 
brary money, not exceeding one-half the amount so 
appropriated, may be applied to the teaching of music 
in such schools. 

Sec. 77. The taxable inhabitants of each school dis- District may 
trict shall have power, when lawfully assembled at any ^^j^g^j,?:^ ^^ 
annual district meeting, to vote a tax on the district not 
exceeding thirty dollars in any one year, for a district 
library, consisting of such books as they may direct 
their District Board, or any other person, at such dis- 
trict meeting, to purchase ; and such further sum as 
they may deem necessary for the purchase of a book 
case. 

Sec. 78. The Clerk of the district, or such other per- Librarian.how 
son as the taxable inhabitants may at any legal meet- ^PPoi"^^*!' 
ing appoint by a majority of votes, shall be the Libra- 
rian of the district, and shall have the care and custody 
of the district library. 

Sec. 79. Every school district library, and the appur- Finesandpen- 
tenances thereunto belonging, shall be deemed to be alties, how- 
vested in the District Board of the district, so as to en- sued for and 
able them to maintain any action for the same, or for 
the value thereof, or for the recovery of any fine or 
penalty for damage done to any book or books, or neg- 
lect to return, or loss of the same ; and all such fines 
and penalties incurred in consequence of a violation 
of any regulation lawfully established in respect to 
•district libraries, shall be sued for and collected in the 



40 



COMMON SCHOOL LAWS OF 



Adjoining dis- 
tricts may 
unite libraries, 
«fec. 



Librarian to 
be appointed. 



How library 
to be divided. 



Who shall 
have jurisdic- 
tion when 
school district 
is interested. 



Execution not 
to issue. 



How such 
judgment to 
De certified. 



name of such District Board, and when so collected 
shall be applied for the benefit of such district library. 

Sec. 80. The legal voters in any two or more adjoin- 
ing districts, may, in such cases as may be approved 
by the Town Superintendent, unite their libraries, and 
also their library moneys, as they shall be collected or 
received, and purchase a joint library for such districts, 
which shall be selected by the District Boards thereof, 
or by such persons as they shall designate, and shall 
be under the charge of a Librarian to be -appointed by 
the District Boards of such districts, and the provisions 
of this chapter shall be applicable to such joint libra- 
ries, except that the property in them, and their appur- 
tenances, shall be deemed x'ested in all the District 
Boards, for the time being, of the districts so united ; 
and in case any such district shall desire to divide 
such library, such division shall be made by the Di- 
rectors of the districts whose libraries are so united, 
and in case they cannot agree, then such division shall 
be made by the Town Superintendent. 

OF SUITS AND JUDGMENTS AGAINST SCHOOL DISTRICTS. 

Sec. 81. Justices of the Peace shall have jurisdiction 
in all cases, in which a school district is a party inter- 
ested, when the amount claimed by the plaintiff shall 
not exceed one hundred dollars, and the party shall 
have the same right of appeal as in other cases ; and' 
when an action shall be brought against any school 
district, it shall be commenced by summons, a copy of 
which shall be left with the Director of such district. 

Sec. 82. No execution shall issue on any judgment 
against a school district, nor shall any action be 
brought thereon ; but the same shall be collected in 
the manner prescribed in this chapter. 

Sec 83. Whenever any final judgment shall be ob- 
tained against any school district, if the same shall not 
be removed to any other court, the Director of such 
district shall certify to the Town Clerk of the town, the 
date and amount of such judgment, with the name of 
the party in whose favor the same was rendered ; and 
if such judgment shall be removed to another court, 
the Director shall certify the same as aforesaid, imme- 
diately after the final determination thereof against the 
district. 



THE STATE OF WiaCONSIN. 41 

Sec. 84, It the Director shall fail to certify such How such 
jiidgment, as required in the preceding section, it shall judgment to 
be lawful for the party obtaining the same, his agent ^ ^^^ ^ ^ • 
or legal representatives, to file with the Town Clerk of 
the town, the certificate of the Justice or Clerk of the 
court rendering the judgment, showing the facts which 
should have been certified by such Director. 

Sec. 85. If the district against which any such judg- How certified 
ment shall be rendered, is situate in parts of two or trlct*<?^°* *^^^" 
more towns, a certificate thereof shall be delivered as 
aforesaid to the Town Clerk of each town in which 
such district is in part situated. 

Sec. 86. The Town Clerk receiving either of the JLxdgment to 
certificates of a judgment as aforesaid, shall proceed rp^^^^^Q^jgj.^ ^ 
to assess the amount thereof, with interest from the on taxable 
date of such iudsment to the time when the warrant Fop^^ty of 
for the collection thereof will expire, upon the taxable 
property of said district, placing the same on the next 
town assessment roll in a separate column, and the 
same proceedings shall be had thereon, and the same 
shall be collected and returned, in the same manner as 
other town taxes, and shall be paid to the party enti- 
tled thereto. If such district is situated in two or more 
towns, the Clerk of each town shall on demand of any 
person interested, furnish for the Clerk of every other 
town in v/hich any part of the district is situated, a 
certificate showing the total amount of the valuations How assessed 
ef taxable property in that part of the district situate in Joi°t dis- 
in his town, according to the last assessment roll of "^'^' 
said town, and the amount of the judgment shall be 
assessed upon the respective parts of the district within 
the several towns in proportion to such valuation. In 
all cases when for any reason, the Clerk of any town 
has heretofore failed, or shall hereafter fail to assess the 
amount of any such judgment, or the proper propor- 
tion thereof, ia the next assessment roll after the rendi- 
tion of the judgment, it shall be his duty to assess the 
same in any subsequent assessment roll within two 
years thereafter, upon the taxable property within the 
district, or part of a district, situate within his town, 
according to its limits at the time of making the assess- 
ment. 



'«42 



COMMON SCHOOL LAWS OF 



Forfeiture for 
neglect to 
serve notice, 
and to act as 
Chairman. 



Penalty for 
Meglect or re- 
fusal to serve 
as district offi- 
cers. 



Penalty od 
Superinten- 
dent for neg- 
lect or refusal 
to make his 
annual report 
to Clerk of 
Supervisors. 



Penalty on 
Clerk of Board 
for neglect to 
make his 
report to State 
Superinten- 
dent. 



How certain 
penalties to be 
applied. 



Penalty on 
Clerk of dis- 



PENALTIES AND LIABILITIES. 

Sec. 87. Every taxable inhabitant, receiving the no- 
tice mentioned in the first and second sections of this 
chapter, who shall neglect or refuse duly to serve and 
return said notice, and every Chairman of the first 
district meeting in any district, who shall willfully neg- 
lect or refuse to perform the duties enjoined on him 
in this chapter, shall respectively forfeit the sum of five 
dollars. 

Sec. 88. Every person duly elected to the office of 
Director, Treasurer or Clerk of any school district, who 
shall neglect or refuse without sufficient cause, to ac- 
cept of such office, and serve therein, or who, having 
entered upon the duties of his office, shall neglect or 
refuse to perform any duty required of him by the 
provisions of this chapter, shall forfeit the sum of ten 
dollars. 

Sec 89. Every Town Superintendent who shall 
neglect or refuse to make and deliver to the Clerk 
of the County Board of Supervisors his annual report, 
as required in this chapter, within the time limited 
therefor, shall be liable to pay the full amount of money 
lost by such neglect or refusal, with interest thereon, to 
be recovered by the Town Treasurer in the name of 
the town. 

Sec. 90. Every Clerk of the County Board of Super- 
visors, who shall neglect or refuse to make the report 
required in this chapter to be made by him to the 
State Superintendent within the time therefor limited, 
shall be liable to pay to each town the full amount 
which such town, or any school district therein, shall 
lose by such neglect or refusal, with interest thereon, 
to be recovered in the manner specified in the preced- 
ing section. 

Sec. 91. All moneys collected or received by any 
Town Treasurer, under the provisions of either of the 
last two preceding sections, shall be apportioned and 
distributed to the school districts entitled thereto, in 
the same manner and in the same proportion, that 
the moneys lost by any neglect or refusal therein men- 
tioned would, according to the provisions of this chap- 
ter, have been apportioned and distributed. 

Sfc. 92. Every Clerk of a district who shall willfully 
sign a false report to the Town Superintendent of his 



THE STATE OF WISCONSIN. 4B 

town, with intent of causing such Town Superinten- trict for mak- 
dent to apportion to his district a larger sum than its iag false re- 
just proportion of school moneys of the town, shall ^^' ' 
be deemed guilty of a misdemeanor, and punished by 
fine not exceeding one hundred dollars, or by impris- 
onment not exceeding six months. Same for not 

Sec, 93. Every school district Clerk who shall neg- delivering 
lect or refuse to deliver to lii.s successor in office, all books, &c., to 
records, books and papers appertaining to sucli office, *"®^"*'°^®^°^'- 
shall be subject to a fine not exceeding fifty dollars, 

[Chapter cxxxviii, General Laws 1858. 
Sec. 13. It shall be the duty of the Town Superin- Penalty on 
tendent of schools in each town, to prosecute any dis- ui^^f^Jpay?" 
trict Treasurer of his town, whenever such Treasurer ing out or us- 
shall use or pay out any moneys in his hands belong- ing district 
ing to his district, without authority ot law. In case ^a^f^J^ 
such Superintendent shall neglect or refuse to prosecute 
such district Treasurer, he shall be liable to a penalty 
of fifty dollars, to be recovered by the Town Treasur- 
er of his town, on the official bond of said Superin- 
tendent,] 

MISCELLANEOUS PROVISIONS. 

Sec. 94. It shall be competent for any legally organ- Districts may 
ized school district in this State, to commence action p^^int*eudenrs' 
on the official bond of the Town Superintendent of on bond, in 
Common Schools of the town in which such district certain cases. 
is situated, for the recovery of any moneys lawfully 
due and belonging to such district, in all cases where 
such Town Superir tendent shall neglect or refuse, for 
the space of ten days from the time by law fixed there- 
for, to apportion and pay over to the proper officer of 
such district, the school moneys aforesaid. 

Sec. 95. It shall also be competent tor such school District or 
district, or the Town Superintendent of Schools, Town Super- 
in case ot default of the Town Treasurer or County ^"^®°^®'^* "'^J 

rr, 1 m r, ■ 1 suc 1 own and 

Ireasurer to pay over to the lown Superintendent county Treas- 
of the town in which such district is situated, the urer in certain 
school moneys which by law should be paid over '^^^®®" 
to such Superintendent, to commence action on the 
official bond of such Town or County Treasurer, for 
the recovery of such moneys. 

Sec 96. For the purpose of this chapter, the said How to com- 
school district, or the said Superintendent, shall have ^j,^q^_® ^'^^ 



44 COMMON SCHOOL LAWS OF 

full power and right to commence action in the name 
of the persons or officers to whom any bond as afore- 
said shall be given, and to control and prosecute such 
_,. , . ^,. ,, action without hindrance from the nominal plaintiffs 

District liable , . • i i i it- 

lor costs. to such action provided that such district or town, as 

the case maj^ be, shall be justly responsible for any 
costs that may be finally adjudged against the plain- 
tiff. 
Certified copy Sec. 97. In the prosecutiou of actions under this 
ofbondbyoffi- chapter, a copy of the official bond sued upon, duly 
*',!ffi^?!^+°^ ^^f certified by the officer in whose custody such bond is 

sufncient proot , t,-', .,i, t i /v>- r n 

placed by law, shall be deemed sufficient lor all pur- 
poses of proof required in law, in said actions. And 
When uit ^"^ actions under this chapter, in which the sum 
maybe com- claimed to be justly due shall not exceed the sum of 
menced before one hundred dollars, may be commenced and prose- 
J^^ '^^' cuted before any Justice of the Peace iii the same 

manner as other cases. ;• ,, 

Sec. 98. It shall be the duty of the Town Superin- 
iitrndent^hall ^^ndent of each town, to make a map of all the school 
make maps of districts [and parts of districts] in his town, specifying, 
all districts in fhg sections, parts of sections or other subdivisions 
own. therein embraced, and file the same with the Town 
Clerk on or before the first Monday of September next j 
and also a map of each district, in like manner, and 
file the same with the Clerk of such district within 
the time above specified. And whenever thereafter 
alterations. ^uy alteration shall be made in the boundaries of any 
school district, the Town Superintendent shall cause 
such alteration to be marked on the map and filed 
with the Town Clerk, and on the map of the district 
Same to fur- or districts affected by such alteration. In case of the 
nish Clerk of formation of a new district, he shall furnish the Clerk 
with map^*^*^ of such uew district with a map thereof, and cause the 
same to be marked out on the map filed in the Town 
Clerk's office. 
State Super- ^^^- ^^' Whenever hereafter, any amendment shall 
intendentto be made to the provisions of this chapter, it shall be 
provide dis- the duty of the State Superintendent to furnish a copy 
ainentkoent^ of such amendment to every school district in the 
to this law. State. 

OF BORROWING MONEY BV SCHOOL DISTRIGT.S. 

Districts may Sec. 100. Whenever any school district within this 
borrow money g^fate, shall desire to make a loan of money to aid in the 



THE STATE OF WISCONSIN. 45' 

erection of a school house or houses, the question of a to build school 
loan shall first be submitted to the legal voters author- houses, &c. 
ized to vote at an annual school meeting, the vote to 
be taken by ballot ; those voting in favor of the loan 
shall have written or printed, or partly written and 
partly printed, on their tickets '^ For the Loan ;" and 
those voting against the loan shall have written or 
printed, or partly written and partly printed, on their 
tickets " *dgainst the LoanP And provided a majori- 
ty of all the legal voters resident in the district shall 
vote in favor of the loan, then the Board of Directors of 
any such school district, the Trustees of any village, the 
Common Council of any city, or the Boards of Edu- 
cation for such village or city within the bounds of 
which any such school district is located, shall have 
power and authority to borrow money, to aid in the 
erection of a school house or school houses under the 
restrictions hereinafter mentioned. 

Sec. 101. The money loaned in pursuance of the Length of 
provisions of the preceding section shall not be b or- time ; rate of 
rowed for a longer period than five years, and shall p^^^^tions and 
draw such rate of interest as may be agreed upon by restrictions. 
the parties, but in no case exceeding a greater rate than 
twelve per cent, per annum ; and the said Board of 
Directors, Trustees, Common Council, or Board of Ed- 
ucation is hereby authorized to give notes, bonds, or 
execute a mortgage* upon any of the property, real or 
personal, belonging to the district making the loan, to 
secure the payment of the principal and the interest 
on the sum so borrowed ; and the sum so borrowed 
shall in no case exceed ten per cent, on the valuation 
of the real estate contained in the district for the ben- 
fit of which the loan is made, according to the valua- 
tion contained in the last assessment roll or rolls of the 
town or towns, village or city, in which any such 
school district may be situated. 

WISCONSIN JOURNAL OF EDUCATION^ HOW SUBSCRIBED 

FOR AND DISTRIBUTED. ^ 

Sec. 102. The State Superintendent of Public In- JournalofEd- 
struction from year to year, so long as he shall deem betubscriKd 
expedient, is hereby authorized to subscribe for so for. 
many copies of the Wisconsin Journal ef Education, 

* See Forms ITos, 36 and 37. 



46 



COMMON SCHOOL LAWS OF 



How sent, and 
to whom. 



How paid for. 



Amount so 
taken to be 
deducted. 



State Superin- 
tendent to re- 
port to State 
Treasurer the 
amount so de- 
ducted. 



published by the State Teachers' Association, at the 
price of fifty cents per year, as shall be siulicient to 
supply one copy to each organized school district in 
the State, and one copy to each Town Superintendent 
of schools in the State ; Provided, The State Superin- 
tendent be allowed to publish, free of expense to the 
State, any and all matters of an educational character 
that he may wish to publish from month to month in 
the columns of said Journal. The said periodical 
shall be sent by the publishers to the Clerk of each 
school district in the State, and to each Town Super- 
intendent in the State. It shall be the duty of each 
District Clerk to cause each volume to be bound at the 
expense of the district, and to be kept in the library of 
such district, subject to the general library regulations. 

Sec. 103. A sum sufficient to pay for the number of 
copies of said Journal, so subscribed for, is hereby 
annually appropriated out of the income of the School 
Fund, and the same shall remain in the State Treasu- 
ry subject to the draft of the State Superintendent of 
Public Instruction, to be drawn quarterly, and paid 
over to the publisher of said Journal. 

Sec. 104, In making the annual apportionment of 
the School Fund among the several towns and cities 
of this State, it shall be the duty of the State Superin- 
tendent to deduct from the whole amount otherwise 
subject to apportionment such sum as may be neces- 
sary to pay for the said Journal at the price above 
named. 

Sec 105. In certifying to the State Treasurer the 
apportionment of the income of the School Fund an- 
nually, the State Superintendent shall state in such 
certificate the aggregate amount deducted according to 
the provisions of this chapter. 



CHAPTER CXXXVIII.— GENERAL LAWS. 

Published June \st, 1858. 

OF UNION SCHOOLS. 

[The first eleven sections of this act were amenda- 
tory to the law of 1854, which amendments have been 
in their proper sections, incorporated in chapter 23 of 



Boards 



THE STATE OF WISCONSIN. 47 

the Revised Statutes as herewith given, for which rea- 
son, the first eleven sections of the act above referred to 
are not here re-pubhshed.] 

Sec. 12. Whenever two-thirds of the legal voters of of Union 
any two or more adjoining school districts shall at an High School 
annual meeting, by vote, determine to form a Union districts. 
District for High School purposes, it shall be the duty 
of the Clerks of the districts so voting to furnish the 
Town Superintendent a certified copy of ihe minutes 
of said meeting, together with the names of those 
voting for and against said proposition. Upon receiv- 
ing such notice it shall be the duty of the Town Su- 
perintendent to determine and establish the boundaries 
of said Union District, and file a copy of such order 
with the Town Clerk. He may also, upon application, 
include persons and lands in adjoining districts in said 
Union District, according to his discretion.* 

2. The control of such Union District shall be vest- 
ed in a Board, consisting of Director, Treasurer and 
Clerk, who shall be elected in the same manner and 
hold their offices the same as officers of the District 
Boards, subject to the same rules and penalties : Pro- 
vided, That the Town Superintendent shall have pow- 
er to appoint the first Board of such Union District. 

3. The expenses of said Union School District in- Taxes, how 
curred in purchasing or leasing school houses or sites, levied and col- 
in ^building or repairing school houses, out-houses, ■^'^°*^^- 
fences, &c., in hiring teachers, and in establishing and 
carrying on said High School, shall be defrayed by a 

tax upon the real and personal property of said Union 

District, to be called the Union High School tax. Said 

tax shall be voted by said Union District, at its annual 

or special meetings, and shall be levied and collected 

in the manner hereinbefore provided for the assessment 

and collection of district taxes. No fee for tuition 

shall be charged or collected : Provided^ however. That Tuition fee. 

such tuition fee may be charged and collected from 

scholars not residing in the Union District, which fee 

or fees shall go into the general fund of said Union 

District. 

4. The Board of said Union District, together with Board of ex- 
the Town Superintendent, shall constitute a Board to »°"°^*^on. 

*See Forms Nos. 38 and 39. 



48 COMMON SCHOOL LAWS. 

determine the standard ot qualification necessary for 
admission, the branches to be taught, and the books 
and apparatus to be used in said High School; and 
shall also examine all candidates for teaching in such 
High School, and award certificates to those deemed 
competent. 
Annual meet- ^- '^^^ annual meeting of the Union School districts 
ing. ' shall be held on the Wednesday after the last Monday 

in September in each year, and such meeting shall 
have power to transact all business as prescribed in 
section 1 1 of the act of which this act is amendatory. 
6. Special meetings may be held as provided in sec- 
tion 12 of said act. 
Ho-w formed '^^ When it is proposed to form Union Districts of 
when compos- territory lying in two or more adjoining towns, then 
ed of districts ^j^g respective Superintendents of those towns shall act 
tovm*'*™"'^^ in concert In the formation of such Union District, as 
now required in the formation of joint districts, and 
the Superintendent of the town in which the house 
shall be situated, shall have the superintendence and 
control of said Union District after its organization. 
Primary dis- 8. Nothing in this law shall be construed so as to 
trictanotim- impair the organization of primary districts within 
P^""® • such Union District. 

Sec. 14. This act shall take effect and be in force 
from and after its passage and publication ; and all acts 
and parts of acts contravening the provisions of this 
act, are hereby repealed. 



EEGULATIONS CONCERNING APPEALS. 

BY THB STATE SUPERINTENDENT. 



1. An appeal must be in writing, signed by the appellant ; and all 
the facts therein stated, with the accompanying maps and papers, 
iat€n<iied to be presented in support of it, must be verified by 
'Oatl^. 

2. When the appeal has relation to the formation or alteration of 
a school district, it must be accompanied by a map of the district, 
exhibiting the site of the school house, the location of each inhabi- 
tant residing therein, the roads and lines of the old and new district, 
the streams of water, marshes, lakes, &c., in the districts, and all 
other information bearing upon the case. Also, a list of the value 
©f the taxable property, taken from the last assessment roll, and the 
number of children between four and twenty years of age, belonging 
to each inhabitant, distinguishing the districts to which they respec- 
tively belong. 

3. When any proceeding of a district meeting is appealed from, 
any one or more of the inhabitants of such district who voted for 
the proceeding, or sustained the action appealed from, may answer 
the appeal, if the same is not answered within thirty days by the 
District Board. : . , 

4. When the appellant is the District Board, a majority must sign 
the appeal. ................. 

5. A copy of the appeal, duly verified by oath, and of all the state- 
ments, maps and papers, intended to be presented in support of it, 
must J3e served on the officer , or officers whose act or decision ig com- 



50 REGULATIONS CONCERNIG APPEALS. 

plained of, or some one of tbem ; if it is from the decision or pro- 
ceeding of a district meeting, upon the District Clerk, or one of th« 
District Board, whose duty it shall be to cause information of such 
appeal to be given to the inhabitants who voted for the decision or 
proceeding appealed from ; such service must be made within thirty 
days after the making of the decision, or the performance of the aot 
complained of, or within thirty days after the knowledge of the cause 
of complaint came to the appellant, or some satisfactory excuse must 
be rendered for the delay. 

6. The party on whom the appeal is served must, witlun fifteen 
days from the time of sach service, answer the same, either by con- 
curring in a statement of facts with the appellant, or by a separate 
answer. Such statement and answer must be in writing, and be 
signed and verified by oath, by the party making it. 

7. A copy of the answer, duly verified by oath, and ail of the 
statements, maps and papers, intended to be presented in support of 
it, must be served on the appellant, or some one of them, within 
fifteen days after the service of the appeal, unless farther time shall 
be allowed by the State Superintendent, on application, in special 
oases. 

8. Afl&davit, or admission of service of copies of the appeal, 
answer, and all other papers intended to be used on the hearing of 
the appeal, must in all cases accompany the same. 

9. No replication or rejoinder shall be allowed, except by permi.s- 
sion of the State Superintendent, upon an affidavit, showing ih&t 
new facts have come to the knowledge of the party wishing the re- 
joinder, since the appeal or answer has been submitted to the State 
Superintendent. 

10. All decisions on appeal must be filed or recorded as the State 
Superintendent shall direct. 

11. The decision of an appeal by the State Superintendent 
being "final and conclusive," in no case can a rehearing be granted, 
after a case has been once decided. 

12. The first regulation of the Department concerning appeals, is, 
" An appeal must be in writing, signed by the appellant ; and all 
facts therein stated, with the accompanying maps and papers, in- 
tended to be presented in support of it, must be verified by an 



s'chcjOl libraries. 6l 

(iati." ' The regulations dlso imperatively require thiat a copy 6f tHg 
aj^>eal, duly verified by oath, with all the accompanyiug statements^ 
maps and papers, rnvst be served by the appellant on the opposing 
party ; and a copy of the answer must be duly served on the app^ 
lamt. Notwithstanding these re(juirement8 are so plain and posltivTej 
there are persons who imagine they must visit the State Superinteis- 
dent in person, and explain and enforce their view of tbe question aS 
issue. The Superintendent, to be just to himself iind his positiou, cam 
act consent to hear any ex-parte statements ; he can on?y receive anil 
©Btertain papers in appeal cases, properly verified, and properl^^ 
served on opposing parties ; and it is only upon such cases, so prei- 
sented, that a decision can be rendered. The decision must be made 
firom the record, and no amount of personal visiting aii^ plying tbe 
State Superintendent, can in the least affect the result. It is, there- 
fdre, very desirable that parties interested in appeals should nbfper- 
sonally apply to the State Superintendent with a view or hope ofiE!!" 
j&uencing his action. He is determined to hear and examine cas^ 
only when "in wHting,'' duly " verified/' and properly served m. 
apposing parties. i ^ '■■>■. > -■>'■ 



SCHOOL LIBRARIES, ^uico^r 

THEIR USEFULNESS AND IMP^ORTANCE;"'"^''^ ^"'^ o™'^''' 

Too little importance^ it is to tfe apprehended, has been paid to tlie 
ftflrmation of School Libraries. Books, good books, are everything 
for children, while forming their characters for life. The mind, as 
weU as the body, craves its peculiar food, and if it has not proper 
mental nourishment, it will naturally seek that which is improper — - 
liins vicious tastes, idle habits, and the most lamentable ignorance 
will be the natural and inevitable consequence. It was books thai 
made our Prankuns, Washingtons, and Websters, the great aaS 
ueeful men they were ; and it will be books that will fit our youth for 
ihe future part they are destined, under Providence, and their owm 



SCHOOL LIBRARIES. 



maply exertions, to act ia the great diraip^ of human iife^— aa atates- 
men, atUthofs, good citizen^, and custodians of our unequalled Republic. 
Parents of Wisconsin I Will you arouse yourselves to the incal- 
Q^lable irpportance of early securing good School Libraries'^ Thaugh 
the times are haF(|, ^nd mQney difficult to obtain, yelf you never think 
of making this an excuse for retrenching necessary food for yourselves 
3,nd your children. The mind, the young rnind, needs its mental food 
a^^ much, nay .more ; and you will act a .ver^. unwise .part to withhold 
it for a single day. Form your School Libraries, though, it may re- 
(^uire , great sacrifices and self denial to pflFect, it. In t|i8 end, when 

your beloved ghildren are , grown up^ wisQ, an4 gOQ^? ?^^^ ^®**» JA^ 
will bless the day when you, as faithful and considerate parentB, 
"qhose the. good part" fpr your children, that iu all yii^ after .^ififorr 
tunes of life, coidd never be taken from them. . ; , ■ ■ - . . .^' > 

If . your, district is too small to enable you to. form the needful li- 
brary, unite witli a neighboring district or districts, or even a whole 
town, as provided in section SQ, of the School Code ; aeeurc a judi.- 
€io^s^§gl^ction.^of .hooks ; ;choQsc. a central locality and a gpod Libra- 
rian ; and then take special pains to use the books yourselves, for ex- 
ample is always the most effective instruction a parent can impart to 
his children. 

Do not, I beseech you, purchase a few showy volumes of some va- 
gabond peddler, on Highroaymen and Rohhers, and such worthless 
trash, and call ^^at'allbrstry ; * f6r '^sucW books would only tend to in- 
culcate in the minds of your children a desire to become themselvefi 
desperadoes. There should be much care and discretion exercised in 
making the choice.;, jind.ij; will .ever be the. pleasure of the Superin- 
tendent .of Public Instruction, as thp law. makes it his duty,^ ^.' to^d- 

visp in the selection of books f(^r school district libraries.'" 
VI '■'•■■.■•■■'■.. • . .' ■ . " . ' ■..■;idl 

' How are you to provide the necessary means with which to^ procure 

a good library r, . Tpri per cent, of the gtoss amount of all school 
motley apportion,ed to each district may be set apart by the Towh 
Superintendent, tf this is rarely done,. it is simply because the dis- 
tripts do not make sucn a wish known to that officer. You can fur- 
thermore vote a tax not exeeedinff $-80 00 a year at any annual or 

-.; . j ' • -r I •iff'. l:i(".'" ^irfV' '" ''' '''' ■ V '• f i v < > • '' ■-. > ; ^.'i. •■:'.. 

special' uieeiihg of your district fpr a library, and any further neces- 

■^■ff.i. X. .-Ui:> .:^J'r/^i.:?rl* ;^vi.u.< O'i ri' . ; ' .- :■-■•'':.:' ^'■■. ■ ' t*-^ 
sary sum tor a book-qase. If these two sources are insufficient to 



LIBRARY REGUtA*I^GNS. 58^ 

p'rovide etieii a library a!s the waiits of your district, or union of dis- 
tricts; requii-e, tlien go to work, appeal to your neighbors, and raise 
the needed additional amount by subscription. 

It may interest you to learn, that an earnest appeal will be made 
■t*6'''tlie Legislatiire in behalf of School Libraries. ' Better proYision 
otight to be made for them — some State encouragement should be 
granted, and then this all-important matter ought no more to be left 
optional with the districts, than whether they should sustain a sohool 
and educate their children. It ought to be a component part of our 
educational system; that either district, union or township libraries 
's'liov.ld be established, and not left, as it now is, merely optional-^ — 
for it but too generally follows, that what is everybody's business is 
nobody's business ; the library is consequently not provided, and the 
two'htmdred and fifty thousand children of our State grow up, taught 
perhaps to read, and yet nothing whatever provided for theta to 
read; - ' - 

Fathers, mothers, and citizens of Wisconsin ! Will you not'^ma!ke 
it -your business to agitate this matter of School Libraries? I believe 
'the people are not only ready,' but anxious to inaugurate a new era in 
the School Library system of our State. If so, you can, if yon will, 
make your influence felt in the Legislatiti-e, and this greatly nefeded 
reform will then surely be effected. If, however, you are careleas 
cind indifferent — think ' of nothing 'but perishable pigs and cattle, 
leaving ybur d'eiar immortal children to grow up in ignorance, |thdugh 
'craving and pleading for School Libraries— if you a^e thtts stnpid 
and indifferent; can you reasonably expect' your Legislators to feel or 
act' differently?' la the impressive language of the be^t -of all 
books, " I speak ai%%,i^''^i'^e' vhiirt^'ddffe ye tohat I say J" 



,1 .. XEQTJLATIONS EMBOMEn IN THE LAW. 

- ,vj^ Ti^e State Superintendent shall prescribe rules and regulations 
vlQtl^h^iBanagement.pf schopi district .libraries, and the penalties for 
their ti elation. 



^4 LIBRARY REGULATIONS. 

,2". Each Town Superintendent may, in his discretion, set apart a 
sam not exceeding ten per cent, of the gross amount of the sckool 
money apportioned to any school district, which shall be apjdied to 
ibe purchase of a district library. 

5, Any school district failing to comply with the library regida- 
laons, or to expend all the library money according to law, before the 
first day of September after it is received, forfeits the succeeding ap- 
portiopment. 

4. Any resident of a school district, and the parents and guardians 
of all the children therein, between the ages of four and twenty 
jearSi shall be permitted to use books from the school district library 
of said district without charge. 

6, Any school district may raise by tax, annually, the Bum of 
tliirty dollars for a district library, and such sum as is necessary for 
tihe purchase of a book-case. 

6. The district meeting may elect a Librarian ; otherwise the 
€lerk of the district shall be the Librarian. 

1, All fines incurred by violation of the library regulations shall 
be sued for and collected in the name of the District Board, and ia 
case of Joint Libraries, by the Boards of the districts whose Librar- 
ies are joined, and applied for the benefit of the library. 

8. Any two or more adjoining districts may, with the conseot of 
the Town Superintendent, unite their means and form a joint library, 
which shall be deemed vested in the District Boards of the diatriots 
ao uniting their libraries ; and the Librarian shall be appointed bj 
sach District Boards. The division of a joint library, when desired, 
shall be made by the Directors of the districts concerned in it, or i n 
case they cannot agree, by the Town Superintendent. 

REGULATIONS BY THE STATE SUPERINTENDENT. 

9. The District Librarian shall have charge of the library, and 
leep a catalogue of all the books in the library under his care, in a 
book to be provided by the district for that pm-posc. 

10. Every volume in the library shall have pasted on the inside of 
the cover a printed paper, specifying the name of the district ; the 
awmber of the volume ; the time books are allowed to remain out of 
^e library ; the fine for not returning them within the speeified time, 



LIBRARY- REGULATIONS. 



m 



aiid for lose of or injury to the books. Blanks for this piorpose will 
¥e furniBked to the Districts upon application to this Department. 

11. Sver-y volume loaned shall be entered by the Librarian in a 
book, to bo provided by the district for that purpose, by its number, 
with the day on which it was loaned ; the name of the borrower, and 
the name of the person to whom it is charged, (see Kegulation 13 ;) 
the date when returned, and condition of the book ; the fine assessed 
for detention or injury done to the book, in the following form : 



delivery. 


No. of 
l>Ook. 


To whom To whom 
delivered. chared. 


When 
retursed. 


Condition 
of book. 


Fine for 
detention. 


Fine for 
injury. 


1858. 
Jnne 10. 


4i Jno Wari. Wm. S. Green. 


Jnne 24. 


Good. 







12. No person aball be allowed to have more than one volume at a 
time, or retain the same longer than two weeks ; nor shall any person, 
who has incurred a fine imposed by these regulations, receive a book 
while such fine remains unpaid. 

13. Books may be loaned to minors and charged to their parents, 
guardians, or the person with whom they reside, who shall be respon- 
sible for the books under these regulations. 

14. On the election of a Librarian, his predecessor shall, within 
ten days thereafter, deliver to him all the printed and manuscript 
books, pamphlets, papers, cases, and all other property belonging to 
the library which was in his custody, for which the Librarian shall 
give him a full receipt, discharging him from all responsibility there- 
for, except in the case herein provided ; and on receiving the library 
property, the Librarian shall careftilly examine all the books, etc., 
and if any loss or injury shall have been sustained, for which a fine 
has not been imposed by his predecessor, or for which a fine has been 
imposed and not certified by him to the Treasurer, the Librarian 
shall certify the amount thereof to the Treasurer, who shall collect 
the same of such predecessor in the same manner aa other fines are 
collected. 

16. In case of a vacancy in the office of Librarian, the District 
Clerk shall perform the duties of Librarian, until the vacancy is filled. 

16. If any person having held the office of Librarian shall neglect 
m refuse to deliver to hia suoceasor all the library property, as pre- 



56 LIBRABY REGULATIONS. 

scribed in the fourteenth regulation, the director shall forthwitli 
commence an action in the name of the District Board, for the recov- 
ery of the property he shall so neglect or refuse to deliver. 

17. On the return of every book to the library, the Librarian 
shall examine it carefully, to ascertain what injury, if any, has been 
sustained by it, and shall charge the amount of fine accordingly ; 
and in every case of injury not specified in these regulations, he shal^ 
assess the amount of damages to be paid, subject to revision by the 
District Board. 

18. The following fines are established by the State Superintead- 
entj viz : 

1st. For detaining a book beyond two weeks, five cents per week. 

2nd. For the loss of a volume, the cost of the book ; and if one 
of a set, an amount sufiicient to replace it, or to purchase a new set. 

3rd. For a leaf of the context torn out and lost, or so soiled as to 
render it illegible, the cost of the book. 

4th. For any other injury beyond ordinary wear, an amount pro- 
portionate to the injury, to be estimated by the Librarian. 

5th. Whenever any book shall not be returned within six weeks 
from the time it was loaned, it shaU be deemed to be lost, and the 
person so detaining it, shall be charged with its cost in addition to 
the weekly fine for detaining the book, up to the time such charge i^ 
made. But if the book is finally returned, the charge for loss shall 
be remitted ; and the fine for not returning the same be levied up to 
the time of such return ; Provided, That in no case shall the amount 
of weekly fines exceed double the cost of the book. 

19. On the third Monday of August, November, February ana 
May, and also immediately before he vacates his office, the Librarian 
shall report to the District Treasurer the names of every person liar 
ble for fines, and the amount each such person is liable to pay ; and 
the Treasurer shall give the Librarian a certificate of the same, and 
immediately proceed to collect the same, and if not paid, shall so 
certify to the Director, who shall forthwith bring an action in the 
name of the District Board for the recovery thereof. 

20. AU library fines shall be paid to the District Treasurer, who 
shall keep account of the same, and shall report thereon to the an- 
nual district meeting, giving the name of each individual fined, the 



LIBRARY REGULATIONS. 57 

iamount of the fine, and the sum total of all fines, which report shall 
be recorded by the Clerk ; and the District Treasurer shall be re- 
sponsible for all fines not collected through his neglect. 

21. On the fii-gt day of September in each year, '■ili'e Librarian 
shall report to the District Clerk, as follows i 

1st. The number of volumes in the library ; 
2d. The number of volumes purchased during the y^'ai* ; 
3d. The number of volumes presented during the year ; 
4th. The number of volumes loaned during the year [^counting 
each volume one /or each time ti is loaned'}', 
5th. Amount of fines collected ; 
6th. Amount of fines unexpended ; 
7 th. Amount of fines remaiijing expended. 

22. The District Clerk in his annual report to the Town Superin- 
tendent, shall state — 

1st. The number of volumes in the library ; 

2d. The number of volumes purchased during the year ; 

3d. The number of volumes presented during the year ; 

4t!i. The mimber of volutties loaned during the year ; 

Stlii Amount of library money received from Town Superiafen- 
dent ; 

6th. Am o\int of library money raised by tax in district ;■■ ^■■'^^^■ 

TiK Amount expended in purchasing book?", ' m//'-.' 

S'tli. 'Amount remaining uiiiexpended ; 

9'th, Amount of library fines collected ; ■'"*''"' ' ■ " 

10th. Amount of fines expended. '• ' ' '. '"' 

ilth. Amount of fines unexpended, and' also' certify wnether' the 
library regulations have Been complied with. ' ''"'" ''"■ '/ '' "•''' 

23. The Town Superintendent in his annual report to 'the Clerk of 
the County Board of Supervisors, and the Clerk ot the County 
Board of Supervisorf^iii bis/ aiinual 'report fo the State Superinten- 
dent, shall, in addition to wbat is already requireq/report the follow- 
ing facts for the town and county, respecti vely : 

Ist^.jTii'e.nujQttber of fetrict libraries^ ^ 
2d, Numbers of joint libraries ; ■■'^'■■' 

3d. Number of volumes in all the libraries ; 
4tb. Number of volumes purchased during the year j 
8 



58 LIBRARY REGULATIONS. 

5th. Number of volumes presented during the year : 

6th. Number of volumes loaned during the year ; 

7th. Amount of library money received from the town ; 

8th. Amount of public money expended for libraries ; 

9th. Amount of money raised by tax and expended for libraries 

10th. Amount of fines collected ; 

11th. Amount of fines expended; 

12th. Amount of fines remaining unexpended. 

24. The library fines collected must first be applied to the replac- 
ing of lost volumes, binding pamphlets, and the Journal of Educa- 
tion, and rcbinding such books as may require it. 

25. By reference to the latter clause of Section 102, of the fore- 
going School Law, it will be seen that it is made the duty of the 
District Clerk to preserve the copies of the Journal of Education, 
in order to have them bound for the use of the Library ; and nntil 
they are thus bound, the Clerk must preserve the copies and not 
suflFer them to be taken from his possession except for consultation by 
the District officers. 

26. These regulations shall apply equally to joint libraries ; and 
when a joint library is formed, the district boards, having the coa- 
trol of the same, shall appoint one of the Treasurers of their res- 
pective districts Treasurer of the library, who shall collect all finea 
levied by the Librarian ; and in case the District Boards cau not 
agree as to which of the Treasurers shall be Treasurer of the libra- 
ry, then the Treasurer of the district in which the library is situa- 
ted shall perform the duties of the office. 

27. The Librarian and Treasurer of every joint library shall 
report all matters specified to be reported by them in these regula- 
tions, directly to the Town Superintendent, and shall furnish the 
Board of each district concerned in the library with copies of such 
reports, which shall be recorded by the Clerks, and laid before the 
annual district meetings ; and no Clerk of a district concerned in a 
joint library shall be required to report on library matters herein, 
specified to the Town Superintendent, except with regard to the 
receipt and expenditure of library moneys ; but he shall certify that 
the library regulations have been observed, or othcrwiee, as the case 
may be. 



INSTRUCTIONS. 59 

'Ul 

SB. In ease af a joint district, tlie Clerk shall report all matters 
couEected with the library to the Town Superintendent of the 
town in which the lil»rarj is situated, with the exception ef the re- 
ceipt and expenditure of library moneys, which shall bo reported to 
each Town Superintendent from whom such moneys have been re- 
ceived ; and a certificate of compliance with the library regulations 
shall be made to each such Town Superintendent, 

29. In case of a joint library, the proprietary districts of which 
lie in two or more towns, the Treasurer and Librarian shall report as 
required by the twenty-sixth regulation to the Town Superintendent 
of the town in which the library is located. 

No. 80. No person holding the office of District Treasurer shall 
be eligible to the office of Librarian. 

31. On the resignation of the Librarian of a joint library, the 
District Boards shall immediately appoint another Librarian, who 
shall enter upon the duties forthwith. 



:i:\STEUCTIONS 



■•OS CONOWCTINO PROCEEDINGS UNDEK THE SCHOOL LAW. 



PEEPAEBD By THE 

SUPERIA'TENDENT OF PUBLIC INSTRUCTION, 
/■n. pii-rsiiaHce of Section 11, of Cliapter 138 of General Laws ef 1858, 



As questions frequently arise in the administration of the School 
Law by school districts and Town Superintendents, which cannot sat- 
isfactorily be settled in the towns where they originate, the opinion 
of the State Superintendent is solicited as to the proper construction 
of the law, and the best mode of extricating themselves from real or 
imaginary difficulties. This has given rise to an extensive corres- 
pondence with school officers and others, which has not been diminished 
by the numerous and repeated decisions that have been made, of 
wliioh the records bear evidence. It is designed, in the following 



p. 

60 NOTES. 

pages, to provide the requisite forpis for proceedings in tlie adiainis- 
tration of the law, accompanied with such explanatory notes and 
instructions as are thought necessary to aid school officers in the per- 
formance of the duties devolving upon them. 

There is also included in this volume, a digest of the decisious 
made and opinions given, by this Department, upon the points that 
most frequently arise, which it is hoped will not only save the trouble 
and expense of a correspondence heretofore deemed necessary, but 
obviate delays, and prevent, in some measure, difficulties that migli*; 
otherwise arise. 

School officers, and others, are invited to a free and unrestricted 
correspondence upon all subjects relating to the School Law or educa- 
tional interests of the State. 



NOTES. 



Note A. 



OP THE FORMATION OF i^CHOOL DISTRICTS, AND THEIR POWERS AS 
CORPORATE BODIES. 

The principal object of the Town Superintendent i n forming school 
districts should be, as far as possible, to secure permanent and efficient 
districts, with a sufficient amount of taxable propei'ty atid number of 
children to maintain a school at least six months each yeaT, affording 
the requisite facilities for the regular attendance of all the children 
residing in the district. He should especially avoid dividing dis- 
tricts so as to render them so small as to ci^ipple and deprive them of 
the power of maintaining good schools ^nd paying the wages demanded 
by a good teacher ;' as it is of vJiStly inWe iihportarice to every neigh- 
borhood, every parent and every child to hkVd good and' efficient 
schools than to save a few dollars in taxes for teachers' wages. As 
it is plainly impossible to lay down even a general rule '^^=*'6 the 
'proper size of a district, the Superintendent must be gdifle'd bj his 
own good judgment ;' but about four geetions of land' in a! tolerstbly 
■well settled country, with from forty to eighty scholars, ' would be a 



NOTES. 61 

good atajidard siM. Such a district could maintain a good school 
easily for ten months a year, without suffering from heayy taxation. 
And every district, feeling a proper regard for the interests of the 
rising generation, should endeavor not to be satisfied with a thr^e 
months' school — barely complying with the law, so as to receive their 
sltare of the apportionment. Our free school system is lifeless with- 
out the sustaining hand of the people ; hence the necessity of secur- 
iag the co-operatiou of the inhabitants interested, aiid of avoiding 
aU- occasions for strife and dissensions which destrpy, in a measmre, 
toe^ prosperity and efficiency of the, district^ . ^, , , ^, , 

It is, in many cases, impossible to satisfy all in the formation or 
alteration of the boundaries of school districts, and the Superinten- 
dent, having discharged his duty impartially, should endeavor to re- 
poncilc disaffected persons to the changes , made ; but it is better to 
aiibmit to many temporary and local inconveniences than to create 
gpneral dissatisfaction by alterations that may eveia be highly judi- 
cious and beneficial )_ " " ,' ^ , 

It, in the formation of a new district, it is contemplated to change 
the boundaries, of a district already organized by setting off a part 
of its territory. into the new district, the. notice rec[uired by section 
sixty-two must be given to the Clerk of such district, who will notify 
the other members of the Board. (See Form No. 28, and Note.) 

Ilaving determined upon the boundaries of a. new school district, 
the Town Superintendent must, within three 'days, notify the Clerk 
of the district affected by the formation of such new district, ,of tte 
alteration made in its boundaries. If the District ^oard eive their 
consent to the alteration, this notice may be given bj delivering to 
&uch Clerk a copy of the order forming such new district with the 
consent of the District Board indorsed ,thereon. , .The. cljanffe wiU 
then take, effect from the date of filing sucli notice unl^s^,, otherwise 
specified ' in the'order. ' >■■--'--' - ---"-^■i 

•>*^4-i.^i. T%' X ••1-0 ' ■> h ■ ^ .■■>:' -PrtoslLf^j Aiiro.ow 0* i,. 

it the JJistrict Board refuse their consent, the alteration wiU not 

take effect until three months after the filing of such" notice. 7CSee 

Porm No. 29. ) , . ■ 

\.,"Jwi.ij.%, ■ ■''■ TV\ ■'■"StiJtH, ^.ilhtTT r.it 1> ?;.q.?:^i3;^ sd ot pmrp.n.(.\} \<i 
In all cases ot the formation of a school district. , the Town Super- 
intendent is required to give immediate .notice to' the^ .Town Clerk, 
(*see Form No.' 1); and must specify in the notice the"time when, the 



6^ NOTES. 

order forming the district will take efifeet. In ease of the formatioYi 
■ of a joint district, the notice must be given. ^s in Form No. 2. 

It would be advisable for the Town Superintendents, as far as pos- 
sible, to avoid the formation of joint districts, as a very large share 
of .trouble in districtsj and of appe'als to tHis department, arise froui 
joint districts alone, 'the government and management of joint dis- 
tricts being divided between two or more towns, render them al??ays 
liable to trouble and conflict between olhcers. , ' . ;. 

Notice of the first meeting of a district to organize (see Pona No. 
3, and Note) should be given within twenty days after the formatiqn 
takes eflfect ; but if for any cause it is not so given, it may be aft a 
subsequent time. 

The person appointed for that pui'pose should notify eVery voter in 
the district of such meeting, and in case of absence from home of 
any voter he must leave a notice (see Form No. 4) at bis place of res- 
idence. Form No. 5 may be used in making the return upon tlie 
notice given by the Town Superintendent ; which notice and return 
must be recorded as a part of the record of the first meeting, thus 
furnishing the district with an official description of its limits. 

No person can now vote in a school district meeting, who is not 
qualified to vote at a general election for State and County oflic^rs, 
and who has not resided in the district for the ten days immediately 
preceding the meeting at which he ofi'ers to vote. The qualificatiofis 
requisite for a voter at a general election are as follows : 

' ' Every male person of the age of twenty-one years or upwards, 
belonging to either of the following classes, who shall have resided in 
the State for one year next precediag any election, shall be deemed 
a qualified voter at such election : 

" 1. White citizens of the United States; 

" 2. White persons of foreign birth, who shall have declared their 
intention to become citizens, conformably to the laws of the United 
States on the subject of naturalization ; 

"3. Persons of Indian blood, who have once been declared by law 
of Congress to be citizens of the United States, any subsequent law 
of Congress to the contrary notwithstanding ; 

"4. Civilized persons of Indian descent, not members of any 
tribe. 



NOTse. 6i 

"No person under guardiansbip, non oomjpos mentis, oir insane, 
aliaH be qualified to vote at any election ; nor shall any person con- 
vioted of treason, felony, or bribery, unless restored to civil rights ; 
»or ehall any person who, being an inhabitant of this State, may 
hereafter be engaged, directly or indirectly, in a duel, either as 
j«inoipal or accessory, be permitted to vote at any election ; nor shall 
any person who shall have made, or become, directly or indirectly, 
ioBtereeted in any bet or wager depending upon the result of any elec- 
tion at which he shall offer to vote, be permitted to vote at such elee- 
tioB." ..woqov.. 

The law provides, that a school district shall be deemed duly or- 
ganized when any two of the officers elected shall have filed their 
written acceptance of the offices to which they have been respectively 
eleoted, with the District Clerk ; and as none but an organized dis- 
trict has any powers under the law, it follows that at the first meet- 
iag of a district after its formation, no further business can be legal- 
ly transacted than the election of officers, unless the persons elected 
are present and immediately file their written acceptance. (See 
Form No. 7. ) 

The law also declares that a district shall be legally/ organized af- 
ter it shall have exercised the franchises and privileges of a school 
dietriet for the term of two years ; but this does not imply that the 
diBtrict is not fully organized, and has all the rights and privileges of 
a duly organized school district. In the case of a joint district, the 
organization is complete upon the election and qualification of its 
gffioers, nor can one Town Superintendent, before it shall have been 
(»ganized two years, alter its limits without the consent and co-oper- 
ation of the Superintendents of all those towns in which any part of 
»tt«h joint district may be situated. 

The qualified voters of a district, when assembled at the first 
iBfteting, have the same power to transact business at the annual 
ooeeting. 

N^ote B. 

DISTRICT MEETINGS, 

The time for holding the annual meeting in each district ia fixed 
\ifj law at six o'clock in the afternoon, of the last Monday of Sep- 



64 NOTgS, 

tomber in each year ; but any annual meeting may change the hour 
for holding the next annual meeting by vote, duly recorded. For 
i^otice of annual meeting, see Form No. 8. 

Special meetings may be called by the Clerk, or in his absence by 
the Director or Treasurer, on the written request of any five legal 
yptersof the district ; and the qua^lified voters legally assembled at. a 
spocj^l Weeting, hjive ppwer to traneact the same business as tide 
annual meeting. 

Section twelve of the School Laws, provides that a special meet- 
ing may have power to transact the same business as at the first and 
each annual meeting. In case of the destruction of a school h^use 
by fire, or in case of any other emergency, it may become necessary 
to leyy a ta?: aiJ,d, proceed at once to its collection. To obviate the^ 
difficulty oxperieAcect un,der the (;)ld law»<iis power was conferred iin- 
on special meetings, and the sections of the Revised Statutes of 
1849, q,urjted betweeu^ections thirty-six and thirty-seven, of this 
ed,itig|H of . the. School Law, were.^pvived, .aiid are now in forcej,^in fe-, 
lation to the assessment and e,Qllecti,on qf .^ohoql <ijs<irict taxes yotecl 
at any such special meeting. ^ ^ 

But 110 business caa be . legally transacted at a special meeting 
yf}^}fi)i y.as^n.Q.t specified, in t!j.Q jB,Pjtie.G (j£vUi|ig,iti.., .,(^^® Norm No. 9.) 

The law provides that " special meetings may be called," &;c., by 
the Clerk. The use of the word may does not leave the matter 
p0ional. I lyith, t^e jOlerk.. „ The discretion is left only with the legal 

voters of the district ; and if any five of them make a written re- 

' ' ■ ' . . ' ' ■'■'''.''.it, 

que^tof.tiio jv^lerk to q^ll 3,, special meeting, stating the objects lor 

VB^hbhthjey ,^i^h,it called,, it is the imperative duty of the Clerk to 
do .SQ, 4pd ,f^Jly .neglect or refusal on his part "vyill subject him ta^a 
fine under section eighty-eight of the School Law. ■ . ■, 

. ^ix days noffifiC; must be give A,, of e^6^ annual in^^etiug. ai>d,of 
PX.9j:?y,n>!^eting ,th)^t: shelly h,^ye been a.dj^iLx;^iie(i^ . fpr a .longer jtime .than 
one month, (see Form No. 10,) and of every special meeting, (ex- 
cept as provided in section three, when a district has lost its organ- 
ization, ) by posting notices i.n four, or more public places in the 
district. 

No annaal meeting shall' be deemed illegal for want of due notice, 
unless' it shall appear t'hsst'th&'bmi^sion to giye such ndtid^'wag'l"4'??- 
■q-yti "io '(iijjaolil .ttixj] fjiU '-lo ,aooirw>:'fi, aoj Ci, ii;.ioly'o zia ■■ rtw. wtl 



f'ul and fraudulent. This provision is intended to apply to eases^ 
when thvougli mistake or accident, the proper legal notice was sMsJt 
given, arid not to cases where no attempt has Ibeen made to eomplj 
with the law. The above provision will apply equally to speekl 
meetings. For when the Clerk undertakes to give the requisite 
notice, arid fails unintentionally to strictly comply with the law, iht 
proceedings of the meeting will not be void on that account, but 
may be set aside on appeal, for sufficient cause shown. 

If the time for holding the annual meeting in any district, shall 
pass without the election of district officers, the Clerk, or in his a&- 
sence, either the Director or Treasurer, within twenty days after t&e 
time for holding such annual meeting, may notify a special meeting 
for such election in the manner prescribed in the twelfth and twenty- 
ninth sections, &c., as set forth in the 13th section of the SehsMsl 
Law. That is, the Clerk must call the meeting if requested by five 
legal voters, and must give notice the same as for any other special 
meeting. If a special meeting is not thus called, the Town Super- 
intendent may, in his discretion, appoint new officers. 

No school district meeting can vote to raise a sum exceeding fi?iiE 
hundred dollars for building, hiring, or purchasing a school horase^ 
without a written certificate from the Superintendent of the town, m, 
lohich the school house is to he situated, that a larger sum ought to 
be raised. (See Form No. 11.) In a joint school district, a ma- 
jority of the Superintendents of the towns in which such district is 
situated, must sign the certificate before a larger sum than $500 earn 
be voted to build, hire, or purchase a school house. 

MODE OF PROCEEDING. 

The law does not specify what number of voters shall constitute & 
quorum for the transaction of business at a district meeting ; and if 
the notice of any meeting has been legally and fairly given, and the 
proceedings are regular, they will not be disturbed because of the 
few voters that were in attendance. It is the duty and the privilege 
of all voters to attend the annual and special district meetings, espe- 
cially as officers are to be elected for three years. Much of th« 
difficulty in school districts arises from efforts made at special meet- 
ings to annul or change the action of the annual meetings ; and suck 
9 



m NOTES. 

'^Liaiiges are fr&qaentlj made, involving tlio district in a. uoighborhood 
strife, or iu the trouble of a %csatious appeal or an expensive law- 
suit. It is the manifest duty of all voters in a district to assemble 
at the time and place appointed for the transaction of business, aad 
for deliberation and consultation upon the \arious interests connected 
with their schools. Such meetings should be conducted with order, 
regularity and decorum ; no other feeling than a sincere desire to 
promote union, harmony and concert of action should be there enter- 
lained. It is the will of a majority of the district that is required 
%o secure eflSciency in the acts of the district. 

At the appointed hour, after making au allowance of fifteen or 
iwenty minutes for difference in time pieces, if the voters are not 
all assembled, the meeting should organize by the appointment of a 
Chairman, the Clerk of the district acting as Clerk of the meeting. 
If the Clerk is not present, or if it is the first meeting of the district, 
ihe meeting should choose a Clerk for the time being ; but if the 
District Clerk is present, it is his duty to act as Clerk, and in no 
<5ase can a substitute bo appointed, if he is present. 

The meeting is then organized for the transaction of business ; and 
if there are but a few voters of the district present, it is always ad- 
visable to adjourn the meeting, if a larger number can be assembled 
hy so doing. 

The regular mode of choosing district officers is by ballot, separ- 
ately for each office, and this mode of proceeding should not be di^ 
•|>ensed with under any circumstances. 

A majority of all the votes cast is necessary to elect ; and when 
r)fficers have been fairly elected, it is not in the power of the meeting 
io re-consider or rescind the vote by which they were chosen. If any 
person so chosen is present and signifies to the meeting that he will 
jiot accept, the meeting may, as thought beat, make another choice, 
or allow the vacancy to be filled by appointment, though it is better 
to make another choice at once. 

All other business of the meeting should be tranbacted by written 
resolution, regularly put to vote in the customary manner. If there 
is any doubt in ascertaining the result of any vote, the persons voting 
for of against any resolution should bo determined by count, or by 
*yes and noea. But upon all reeolutions oontemplating the levying 



NOTES. 



67 



©f a tax, changing the site of the school house, building a new school 
Iwuse, or the purchase of a school house or school house site, it is 
necessary that the vote be taken by ayes and noes, and recorded in the 
records by the District Clerk. And to prevent delay in the proceed- 
ings of the meeting, the Clerk should have prepared a list of the 
voters of the district, for taking the ayes and noes upon the differeafc 
propositions that will probably come before the meeting after the 
iT)llowing form : 



iVAMCa OF VOTBKS. 


On resolution to 

School House 
site. 


On resolution to 
raise $250 tax 
to build Scbwol 
House. 


O X i 

o 


5g 
o 




Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noea. 


Ayes. 


Noes. 


James Miller 

Thomas Carioll 

John Clark 

ISdward Ross 

Hetiry Billirjgs 

William Jchnsoii.. 
Alvin Morris 























5 


2 


7 




4 


3 


5 


2 



As the law authorizing special meetings to levy a tax, and the Dis' 
4rict Treasurer to collect the same, is intended to apply only in cases 
of emergency, and not to be the general rule, it becomes necessary 
for the District Board of each district to estimate the expenses ne- 
cessary to be incurred by the district for the ensuing year, and sub- 
mit a detailed statement thereof, stating separately each item of 
expenditure, to the annual meeting. Besides, the annual meeting is 
tlie proper time for the district to settle all matters relating to the 
schools for the ensuing year, and it is far better to have a full and 
n:ee expression of opinion from all, than to leave the whole control 
and management of the schools with the District Board. The Board 
should feel bound by such action of the annual meeting and carry 
out, as far as possible, the expressed wishes of the people of the 
district. 

All propositions brought before a district meeting should be voted 



68 NOTES. 

upon separately, in order to obtain an expression of the real wish of 
every voter upon each of the propositions submitted. 

School districts may alter, repeal, or modify their proceedings as 
occasion may require. This can not be construed to apply to the 
reconsi deration of the election of officers, or to any proceedings that 
have been partially or wholly carried into effect ; as where contracts 
have been entered into, liabilities incurred, or expenditures of money 
had, in carrying out any measure directed by the district, as there 
are no means provided to indemnify those who may be losers thereby. 
If it is intended to alter or modify at a special meeting any proceed- 
ings of a previous meeting, the intention to do so must be specified 
in the notice calling such meeting. (See Section 29.) 

It is the duty of the person acting as Clerk to keep accurate 
minutes of the proceedings ; and before the meeting is adjourned the 
minutes should be read, that errors, if any, may be corrected, and 
afterwards they should be recorded by the Clerk in tlie record book 
of the district. 

No particular form is required for keeping the minutes of the pro- 
ceedings of a district meeting. They should be recorded just as they 
occurred. It is important, however, that the time and place of hold- 
ing and character of the meeting should be distinctly stated, which 
may be as follows : 

" At a meeting of the legal voters of school district No. — . of the 

town of , held pursuant to adjournment, at , on the 

day of , 18 — , \_0T, if it is the annual meeting, say, 

" at an annual meetiny of, &c., held pursuant to notice, at,^^ &c.; 
or if it is a special meeting, say, '^ at a special meeting of, drc, 
held pursuant to a special notice hy the Clerk, at,^' &c.; or if it 
is appointed hy the Town Superintendent, say, " at a meeting of 
the legal voters of, &c., held pursuant to appointment hy the Toion 
Superintendent, and notice served on all the qiicdified voters of 
the district, at,^' (&c.,'] A. B. was chosen Chairman, and C. D. was 
present as District Clerk, {^or, if the Clerk is not present, say, 
•'the Clerk being absent, R. S. was chosen Clerk, pro tem.'^J 

Then enter the proceedings in the form of resolutions, and state 
whether adopted or rejected, and the names of every person voting 
for and against any resolution, if the ayes and noes are required to 



NOTES. 69 

be taken according to the instructions above given, as voting a tax, 
Sec, or if demanded by any five voters present. 

By section fifteen tbe qualified voters, at an annual meeting, may 
determine the length of time a school shall be taught, whether by a 
male or female teacher, the application of public money, &c. ; but if 
the meeting does not direct the Board in these matters, it becomes 
their duty to act the same as the district might have acted. 

The Board are authorized to hire a teacher for three months, even 
though the district vote that they will have no school. 

It is desirable and important that schools should be taught in eve- 
ry district in the State throughout the year, with the exception of 
the usual vacations ; but as this is impossible in a great majority of 
districts, there should be at least two terms, one commencing on the 
first of 3Iay, and the other on the first of November, thus accommo- 
dating a class of scholars who are necessarily engaged in agricultural 
or other pursuits, and unable to attend school during the summer 
months'. 



Note C. 



DISTRICT OFiFICERS AND THEIK DUTIES. 

The officers of a school district are a Director, Treasurer and Clerk, 
who constitute the District Board, and a majority of the members 
thereof is sufficient to give validity to any act of theirs as a District 
Board. They hold their respective offices three years, and until their 
successors are elected and qualified, but not to exceed ten days be- 
yond the expiration of their term of office, or if appointed, beyond 
the first annual meeting succeeding their appointment. The manner 
of calling a special meeting to elect district officers when the annual 
meeting has passed without an election, has been considered on 
Note B. 

District officers are not required to file a written acceptance with 
the Clerk, except at the organization of a district, and when an ap- 
pointment has been made to fill a vacancy. The Clerk of the meet- 
ing, at which officers were elected, is required to notify the persons 
elect who were not present at the time of their election, (see Form 
No. 12); and unless each person so elected and notified, shall, within 



TO NOl'ES. 

ten days after his election, file with the Clerk his refusal in writii&g 
to accept the same, he shall be deemed to have accepted the office, 
(see Form No. 13). A person appointed to fill a vacancy, (sec 
Form No. 24), must file a written acceptance. (See Form No. 7). 
It is the duty of the Director to sign all orders drawn by the Clerk 
on the Treasurer, (see Form No. 14), or the Treasurer is not re- 
quired to pay them. But the Director is expected to see that the 
orders drawn by the Clerk are legitimate and proper, and contemplate 
no illegal or unauthorized disbursement of public money ; still, the 
Director has no right or authority to withhold his signature unreas- 
onably ; any such unreasonable refusal to perform his required duties 
will render him liable to a fine, and render his oifice liable to be de- 
clared vacant. The only reason for refusing to sign an order drawx^ 
by the Clerk, which can be given, is that the orders are illegal w 
incorrect. 

treasurke. 

The office of Treasurer is vacant unless the person elected qualiti** 
within ten days, by filing his bond, duly approved by the Director 
and Clerk. (See Form No. 16). The duties of Treasurer are far 
less onerous than formerly, as he is not now required to colleot 
school district taxes, except when a tax has been voted and levied at 
a special meeting, when the District Treasurer must proceed to col- 
lect the tax in the manner specified in the sections of the Revised 
Statutes of 1849, which are included in this edition of the Schoo! 
Laws between sections thirty-six and thirty-seven ; — in other eases 
to proceed according to sections thirty-five and thirty-six of the 
School Law : — but he is required to keep account of all money re- 
ceived and disbursed by him, with the items of such disbursements, 
which must be embodied in a report to the annual meeting, accom- 
panied with vouchers for money paid out. (See Form No. 15). 

The Treasurer should be careful to keep a minute and correct ac- 
count of every transaction of his office, and preserve the voucheris 
for all money paid out. A mere exhibition of vouchers by the Treas- 
urer to the meeting is not all that is required by the law. Each 
item of his account must be particularly and fully set forth and re- 
ported to the meeting, that it may be recorded by the Clerk. The 
finances of the district are always a matter of solicitude to those i»- 



NOTES. 71 

te^ested, and a very Mttie attention on the part of the Treasurer 
"will enable him at all times to satisfy any one of their true eondi- 
tion, and inspire confidence in his report by convincing them of its 
oorreetness. The Treasurer is liable on his bond for any malfeasance 
in oflSce, or for refusing to pay any balance that may be in his hands 
to his successor. 

It is the duty of the Treasurer to apply to the Town Superintesi- 
dent for the school money due his district as soon as the same 
becomes payable, and give his receipt therefor to that officer, that he 
may be able to make his annual settlement with the Town Board M 
Supervisors. 

The form of such receipt may be as follows : 

" Reoeived of A. B., Town Superintendent of schools of the towa 

ftf , the sum of ■ dollars, being the amount of school 

money apportioned to school district No. — ~, of said town, by said 
Town Superintendent, ior the year 185 — . 

"Dated, &e, "F. S., 

'* Treasurer of school district No. — , 
of the Town of .'' 

CLERK.. 

Th€ duties of the Clerk are particularly specified in the him,.^ 
which are generally to keep all the records of the district in a book 
provided for that purpose. To aid him in the discharge of his dutieSa 
tie necessary forms accompany these notes. If not present at a district 
meeting, it is his duty to record the proceedings thereof when certi- 
fied to him by the Clerk of the meeting. 

The Clerk of the District Board acts in a double capacity : as a 
member of the Board he has a voice in their meetings ; but as Clerk 
of the Board he is simply to carry out the expressed will of a uaajo- 
rity of the Board. 

It is the duty of the Clerk to hire qualified teachers ; but as a 
ijootraet made by bim without the consent of either the Director m 
Treasurer, or both, is not binding upon the district, it becomes ne-. 
eeasary for the Clerk to consult with the other officers before the eoR" 
tract with the teacher is complete. 

The interest of the law is, that the whole Board, or a majority of 
ik<issk ahail gei^t and agree wpon the teacher, ftnd that the Clerk h 



t2 NOTES. 

to act merely in his capacity of Clerk in drawing up and sigaiag tho 
©oatract wifb tlie teacher. If the officers would on every occa- 
d^n consult with each other on all matters left to them by tie dLs- 
fylet, or imposed upon them by law, there would bo no occasion for 
any misconception of the views and feelings of each other ; and it 
womld be a preventive of the difficulties arising in school districts, 
that sometimes result in destroying the usefulness of the school, and 
ijhrostrating the energies of the district. 

The Clerk is not authorized to contract with any but qualijied 
teachers, and if the Board would invariably insist that tho applicant 
should produce the necessary certificate before the contract is made, 
it would also prevent much trouble: for a contract made with a 
teacher who is not qualified, is not binding upon the district, and the 
District Board make themselves individually liable to pay the teach- 
©r. (For form of contract see Ns, 17). 

The contract should be filed with the District Clerk, and a dupli- 
cate furnished to the teacher. 

There is a diversity of opinion and practice in relation to the word 
*^* month" when applied to schools: but general usage has determined 
a school month to mean twenty-two days ; allowing the teacher to 
@Iose the school during the afternoon of each Saturday, or teach all 
clay every other Saturday as may best suit the convenience of the 
scholars, if he wishes to count four weeks to the month. The cus- 
tom quite generally prevails in cities and villages of teaching but five 
days in each week ; and it is the opinion of many of our best teaoh- 
€ars that this custom had better prevail in the country, as whenever 
school is taught six days in the week, — especially in the summer, — 
ehildren are allowed no whole day for recreation, and the time can 
still easily be computed at twenty-two days a month. 

From long established and time-honored usage, schools may be 
alosed, without loss of time to the teacher, on days which it is cus- 
tomary to observe as holidays, among which may be enumerated the 
Fourth of July, Christmas, New Year's, and the day set apart hy 
6he Executive as a day of thanksgiving. In such cases, it would be 
well for the teacher to consult the District Board, so that no difficul- 
ty can arise. Still, as above stated, custom haa given this privilege 
4o the teacher as a right 



^ NOTES. 73 

The note to section thirty of the School Law, makes it the duty 
of the Clerk between the first and tenth days of September, to make 
and transmit a report in writing signed by himself, to the Town Su- 
perintendent, dated on the first day of September of the year in which 
it shall be transmitted. 

..The facts required to be reported by the Clerk are those contained 
in section thirty of the School Law, and the twenty- second library 
regulation, together with some others, all of which are provided for 
in Form No. 18. The blanks are filled for the sake of example. 
When there is nothing to be reported, a cipher should bo placed op- 
posite the heading. 

The Clerk is required to draw all orders on the Treasurer. (See 
Form No. 14. It is the duty of the Clerk to furnish a school regis- 
t^;^ at the expense of the district, for the lase of the teacher, in 
which shall be entered the names, ages, studies, attendance and 
absence of all scholars attending school. As it is impossible for the 
'Clerk to report to the Town Superintendent some of the facts re- 
quired to be reported, unless this register is kept, it is important that 
the Clerk should furnish such register to the teacher, and his wiUful 
•neglect or refusal to make the requisite entries will cause a forfei- 
ture of wages. (See Form No. 20.) 

It is especially important that District Clerks should fill all the 
blanks, in the blanks furnished them from this Department, in order 
that the returns may be regular and uniform. 

It is also necessary that the District Clerk should make immedi- 
. ate returns to the Town Superintendent, of . aU officers elected in 
their respective Districts, as soon after their election as possible. 



Note D. 

Oi" TUE ASSESSMENT AND COLLECTION OF TAXES, 

See Sections 34, 35 and 36. 

On or before the fourth Monday of November in each year, the 

Diatrict Clerk is required to deliver to the Town Clerk a statement 

an writing, verified by his affidavit, showing the amount of taxes 

voted to be raised at the last preceding annual meeting, and at the 

10 



74 NOTES. 

first meeting after the organization of the district, or both, as iibe 
ease may require, together with a list of persons and corporatione 
liable to a district tax. (See Form No. 20.) 

In making up a list of the corporations liable to tax, the Clerk 
will bear in mind that by the act of April 1st, 1854, railroads and 
plankroads are exempt from all but a State tax, and that only tlie 
real property of any bank or banking association can be taxed fof 
school purposes. All other property is liable tor school tax the same 
as for other taxes. 

In ease of a joint district, the Clerk will ascertain the proportioB 
to be raised in each part of such district, and deliver a statement 
and list to the Town Clerk of each town in which any part of the 
district is situated. (See Form No. 21.) To enable him to furnish 
this statement, the Town Clerk of eacli town is required, on demand, 
to deliver a certified statement of the real and personal property 
of that part of the district lying within his town, to the Distrioi 
Clerk. 

The Town Clerk is required by law to deliver the tax roU to ttve 
collector on or before the second Monday of December, and if the 
District Clerk should neglect until that time to deliver the requisite 
statement to the Town Clerk, the tax can not be collected until t'he 
following year. Upon delivery to him of such statement, the Town 
Clerk must give to the District Clerk a certificate that he has rf^ 
ceived the same, stating the amount of the tax, and time when ire- 
eeived, which must l^e filed in the office of the said District Clerk. 

It is the duty of the Town Treasurer, to pay over the scho<*l 
taxes, as soon as collected, to tlie District Treasurers : and in case 
any taxes are returned to the county as delinquent, it is his duty to 
pay them over as soon as received. Nor can the Town Treasurer uae 
the school tax collected to make up any deficiency in the State or 
county taxes. The law reads : " The Town Treasurer shall pay 
over the full amount of State tax, though it may (X!casion a defi- 
ciency in the town taxes." The school tax is not a town tax, and 
the law further authorizes the Town Treasurer to pay over the school 
tax even before the time for the payment of the State and county 
taxes, before it could be determined whether there was to be a defi- 
t^ieney or not. No Treasurer has any legal right to divert a dollaf 



N0TE8. » 76 

of tbe School Fiinol, or the &chool tax to any other use whatever. — 
We have frequently answered this point, and upon no one point ha? 
more trouble arisen. The intent of the law is plain. It is not the 
part of justice to make tho schools suffer for the neglect of a few who 
do not pay their taxes. The School Fund is mainly a gift from the 
General Government, and the State in its management is simply a 
trustee for a specific purpose, and so regarding it, has placed in its 
Constitution a positive prohibition against diverting it to its own use 
or profit, or, indeed, for any purpose whatever, save that for which it 
has been specially set apart — the Constitution expressly providing that 
the School Fund -'shall be cxcliisivdy applied" to the purposes of edu- 
oation. The tax levied by the County Board is only a condition of 
receiving this School Fund gratuity and is in no proper sense a county 
or a town tax. It is a matter entirely separate, and should be so 
kept by ail who have management of it in any capacity. 

In regard to the payment of school taxes, the meaning of the law is 
plain. No monies raised and collected in any town for school purposes, 
should be paid to the County Treasurer, but foe retained by the Town 
Treasurer, and paid by him to the Town Superintendent qn applica- 
tion. The School tax levied upon towns by the County Board, is not 
a county tax. The State makes the county its agent to distribute 
the School Fund, and hence requires the county to see that the re- 
quirements of law, in relation to the tax levied upon the towns, are. 
©omplied with ; but this power to superintend the tax-levy, does not 
»ake the tax a county tax ; so that the taxes levied upon towns by 
the County Board, are not to be paid to the County Treasurer, but 
to the Town Superintendent ; otherwise there would be a percentage 
taken twice — once by the Town Treasurer, and onee by the County 
Treasurer. 

In regard to taxes voted at a special meeting under section 12 of 
tids law, the manner of ooUection is entirely different. In such a 
oase the District Clerk issues the warrant directly to the District 
Treasurer, who makes his return to the District Board, and returns 
the delinquent tax list to the Town Clerk, by whom it shall bo regu- 
larly entered in the next assessment roll of the Town. (See sectiouB 
66 to 77, Eevised Statutes of 1849, quoted in this law between 
section 36 aad 37, for full inetrnotions on this point.) 



76 NOTES. 

A'otr E. 
niSTRICT BOAKD. 

Tt is made the duty of the District Board to purchase or lease such 
"A site for a school house as shall have been designated by the district, 
(See Form No. 22) and to build, hire, or purchase such school house 
out of the funds provided for that purpose. (See Form No. 23.) As 
these are important duties imposed upon the District Board, it is ne- 
cessary that their authority to act in the premises should be clearly 
and distinctly shown upon the records of the district. And for this 
reason it is absolutely necessary that all votes authorizing such a 
proceeding shall be taken by ayes and noes, and entered at length 
upon the records. 

When the District Board are required to execute a conveyance of 
a school house site, the same form of a deed may be used as in No. 
22, except that the party of the second part becomes the party of 
the first part, and the signatures of the Board are to be made in the 
same manner as in the form given of a lease. 

If the District Board remove a school house, buy a lot for a site, 
or do any other act which they are not by law authorized to do with- 
out a vote of the district, it is at their own peril. The voters of 
the district may ratify their proceedings at a subsequent meeting, 
but if they do not choose to do so, the District Board are without 
remedy. 

The School Law is silent as to the manner of a District Board en- 
tering into contract for the buildijig a school house ; but as the Board 
are the special executive officers of the district, chosen to faithfully 
attend to its best interests, it is unquestionably their duty to procure, 
such building to be done to the best advantage ; and hence, it would 
always be most discreet to enter into such contract (after having 
given proper notice,) with the person offering to do the work to the 
best advantage, and at the lowest rates, giving adequate bonds for 
the faithful performance of the work. Such a course would be the 
safest, and would prevent any trouble that might arise if a looser 
plan were adopted. There should be two copies of the contract mad« 
and signed, one to be kept by the contractor, and the other by the 
Board. 



NOTES. 77 

Sectien twenty-eight requires the District Board to provide the 
necessary appendages of the school house. Of their expenses in so 
doing they must keep an accurate account, and present the same for 
allowance at the annual meeting. This general power to furnish ne- 
cessary appendages must not be construed to warrant the District 
Board in incurring more than the usual and ordinary expenses neces- 
sary to keep the school house in good repair, supplied with fuel and 
such appendages as are ordinarily found in, and necessary to the use- 
fulness of a school. A black board is considered an indispensible 
appendage to a school room, and may be provided by the District 
Board. All extraordinary expenditures should be authorized by a 
vote of the district. 

The District Board have the care and keeping of the school house 
and other property belonging to the district; and in the exercise of 
this care, their first object should be to secure the school house for 
the use for which it was built, without any interruption or embarrass- 
ment to the school, or any damage to the property. This being done, 
it is competent for the district who are the owners of the school 
house, to permit it to be used for any moral, literary, or useful pur- 
pose. 

The District Board are authorized to purchase, at the expense of 
the district, such school books as are necessary for the use of those 
children attending school whose parents or guardians are unable to 
furnish them. This duty should never be neglected by the Board, 
and they should promptly furnish books to such children, when in- 
formed by the teacher that they are in need of them. 

The District Board have the power to divide their school into De- 
partments, employing qualified teachers in all the Departments ; or 
two or more districts may unite and form a Union School under the 
provisions of chapter cxxxviii. General Laws of 1858, as herewith 
published. 

WHAT SHALL BE TAUGHT IN SCHOOLS TEXT BOOKS. 

The law requires orthography, reading, writing, English grammar, 
geography and arithmetic, to be taught in every district school. The 
District Board may determine What other branches shall be taught. 
Among these branches thus left to the discretion of the Board are 



78 NOTEB. 

writing compoeitioas and declamation ; and the District Board have 
Ml jxiwcr to prescribe these and other additional studies, under snoh 
rales as they see fit. 

The only authority to determine what text books shall be used in 
achools is vested in the District Board, under the advice or recom- 
mendation of the Slate Superiu'endent. This power should be exer- 
cised in every district, and with the two-fold object of securing uni- 
formity of text books, and the works of the best authors. The ne- 
cessity of uniform text books is so apparent to every one, that it 
seems unnecessary to urge upon the District Board the important 
relation it bears to the success and efficiency of the school. There 
can be neither order, classification nor system, in a school without 
such uniformity, for it compels the teachers to divide the pupils into 
as many classes as there are kinds of books, so that the time that 
might have been devoted to a careful and deliberate hearing of a class 
of ten or twelve, where all could have improved by the teachings and 
corrections of the instructor, is almost wasted in the hurried recita- 
tions of as many pupils in separate classes ; while in large schools 
some must be wholly neglected. The teacher will thus satisfy neither 
himself, his scholars nor their parents. In case of a refusal on the 
part of parents to comply with all such suitable regulations of the 
District Board in furnishing their children with proper books, the law 
gives the Board power to exclude children from school until tfcey do 
thus comply. The Board should be particularly careful to avoid fre- 
quent changes. This will be unnecessary if they use proper c-are iu 
the selection of the best and most approved text books. 

Beccmmendations have been made by this Department of suitable 
books to be adopted and used in schools ; but as in many instances it 
is impossible to obtain them, let the District Board consult with the 
teacher and Town Superintendent, and any other persons informed 
and interested upon educational matters, and determine what suita- 
ble books can be obtained. When difi'erent books are already in use 
from those recommended by the Department, a sudden change might 
not be desirable ; but as soon as the old supply is worn out, and 
sooner if the district will sanction it, let the proper change be made 
— for the proficiency of the sch<>lar8 will greatly depend upoa having 
the beet text books extant. 



NOTES. 79 

^Tot^ F. 

rOWK SOrPBRINTENDENX HIS POWEES AND DUTIMt*. 

Many of the duties of Town Superintendents of sehools Lave beeu 
considered in connection with other subjects, and arc particularly 
defined in the foregoing law. 

By section forty-six it is made his duty, between the fifteenth and 
twenty-fifth of September, in each year, to make and transmit to 
%h.Q Clerk of the Board of Supervisors in his county, a report in 
■writing, bearing the date on the fifteenth of September, of the year 
oi its transmission. Such report must be made upon all the parti- 
o^ars specified in said section and the twenty-third library regula- 
tion, with some additional ones, which will be found in Form No. 
25, according to which the report must be made. The law makes it 
tke duty of the Town Superintendent to see that annual reports of the 
District Clerks are made correctly and in due time. A little atten- 
tion to the reports of the Clerks at the time they are made, will ena- 
Me Mm to submit a complete report to the Clerk of the Board of 
Supervisors. District Clerks and Town Superintendents are parti- 
otilarly and urgently requested to make full and accurate reports up- 
on each subject upon which information is asked. 

The Town Superintendent is entitled to one dollar and fifty cents 
per day for every day actually and necessarily devoted by him to the 
discharge of his duties as such officer. This provides for time spent 
in examining Teachers, visiting schools, making reports, forming or 
altering school districts, and the performance of all other duties re- 
quired of him by law. 

He can not receive fees under any circumstances. His account for 
services must be presented to the Town Board, and paid out of the 
town treasury, and not from the money raised by the town for school 
purposes. 

Whenever a' ibhool district is divided and a new district formed, 
ajfter the annual report of the Disti-ict Clerk has been made, and be- 
ibre the apportionment of school moneys by the Town Superintendent, 
be shall apportion to such districts according to the number of chil- 
dren in each over the age of four and under the age of twenty years, 
aooording the last report. If the number of children are equal ia 



80 NOTES. 

the two districts, divide the money equally ; but if uot, divide at the 
same rate per scholar. The reason. of this provision is plain : It is 
that the children reported may draw the money in the District in 
which they are at the time of apportionment. 

Married persons under the age of twenty yeai's cannot be regarded 
as children ; they are not therefore entitled to public money, and 
must not be reported. The Town Superintendents are directed by 
the State Superintendent to report to this Department, within ten 
days after their election, tlieir names and post-office address. If they 
fail to do this, the State Superintendent will be unable to supply 
them with the necessary blanks for their reports, or to correspond 
with them upon official business. All will, therefore, see the great 
importance of prompt compliance with this requirement. 

The Town Superintendent can not teach as a qualified teacher, as 
he cannot qualify himself If the Board hire an unqualified teacher, 
they are individually responsible. No school money can be received 
from the State if the school is taught by an unqualified teacher, and 
the Town Superintendent, while acting as such, can not be a quali- 
fied teacher. If he wishes to teach, he must resign as Town Super- 
intendent, and receive a proper eertificote of qualification from his 
successor. 

It is true, the letter of the law is silent with reference to a Town 
Superintendent teaching in his own town, yet the spirit of the School 
Code is sufficiently explicit on this point — that he is selected to 
watch over and visit the schools of his town, and see that the teach- 
ers are doing their duty and properly conducting their schools, and 
to attempt himself to teach is not what he was chosen to do ; to ex- 
amine and qualify others, and not attempt, what no man could do, 
examine and qualify himself ; to annul certificates for unworthiness 
and improper conduct, which no man would be likely to do against 
himself, if a teacher. In fine, it is his sworn and sacred duty to 
stand as the guardian of the districts of his charge, and see that 
they have none but properly qualified teachers, and not seeking or 
permitting himself to teach, thus depriving the people of that guar- 
dian care they repose in him, so necessary to secure the greatest 
good to the rising generation. In a matter of this importance, even 
" the appearance of evil" should be scrupulously avoided. 



NOTES. 81 

N'ot^ G. 

EXAMINATION OV TBACHERS, AND ANNULLING CERTIFICATES' 

The Town Superintendent is required by law, to examine all can- 
didates for teaching, in regard to moral character, learning and abil- 
ity ; and if found qualified, he shall deliver to such person a certifi- 
cate in the form prescribed by the State Superintendent. (See Form 
No. 26.) 

The Town Superintendent may, if he shall think proper, limit the 
certificate to a single district, but it must remain in force for one 
year, unless annulled. But if the candidate is found deficient in 
either of those three important requisites, a certificate should be re- 
fused. The law contemplates a formal examination of the qualifi- 
cations of candidates , which should be extended to all the branches 
required to be taught in common schools, and to the method of in- 
struction. 

The duties and power thus confided to the Town Superintendent 
are most important and involve great responsibility, and upon their 
proper fulfillment, in a great degree, depend the elevation and im- 
provement of the district schools. He should discharge his duties 
in this as in all other respects, without " fear, favor, affection, or 
hope of reward," with no other object in view than the best inter- 
ests of the schools under his supervision. 

In all cases teachers must be examined in English, and in regard 
to their qualifications to teach in English, as the law expressly re- 
quires it ; and it is not a compliance with the law that they are 
qualified to teach in any other language. Any Town Superintendent 
who shall issue a certificate to any person not competent to instruct 
in the English Language the branches required by Law, will render 
himself liable. 

ANNULLING CERTIFICATES. 

If complaints are made against a teacher, by any person con- 
cerned, to the Town Superintendent, it is his duty to inquire into 
the cause of such complaints. If it is his intention to annul the cer- 
tificate of such teacher, he must give ten days notice in writing to 
11 



82 NOTES. 

the teacher and to the District Board, of such intention ; and 
should state in such notices the complaint or oharges made. A day 
for hearing the charges made against the teacher should he appointed 
by the Town Superintendent, if desired by either the teacher or the 
District Board, which will afford a fair opportunity of arriving at the 
truth of the allegation^. If the complaint is that he has not suffi- 
cient qualifications, he should have an opportunity for a re-examina- 
tion ; if on account of his mode of instruction or school government, 
the Superintendent should visit the school and ascertain the truth. — 
But in no case should the Town Superintendent exercise this power 
in an arbitrary manner, nor unless he is satisfied of the truth of the 
charges preferred, or of his incompetency to teach the school For 
Form of note annulling teacher's certificate, see No. 27. 

If complaints are made against a teacher, it is not optional with 
the Town Superintendent whether he will examine into the case or 
not. H poi nt a day, and give the case a full and impartial 

hearing, and decide it upon its merits. Hi? decision may be ap- 
pealed from to this Department. 

INSPECTION OF SCUOOLS. 

It is the duty of the Town Superintendent to visit all eommon 
schools within his town. Section sixty-one particularly points out his 
duties as such visitor, and they should not be neglected. He should 
visit each school at least twice each term, or oftener if circumstances 
require, and should advise with the teachers, officers and others, up- 
on all matters pertaining to the school, or the affairs of the district. 
All teachers will bear witness of the happy influence of frequent vi- 
sitation of schools, not only by school officers, but by parents, and 
all persons who have r>hildren in the school room under their guar- 
dianship. " The teachers and scholars feel that they are not abian- 
doned to neglect ; the apprehension of discredit will stimulate them 
to the greatest effort ; while the friendly suggestions of the visitors 
will tend constantly to the improvement of the schools, and they will 
themselves be more and more enabled to recommend proper measuj'es 
from their better acquaintance with the subject." 



N0TB6. 83 

Note H. 

OF THE FORMATION AND ALTERATION OF SCHOOL BISTRICTS, 

The method of proceeding in the formation of School Distriefcs 
liaa been considered in Note A. Section sixty-two provides tha& 
whenever the Town Superintendent contemplates any alteration ua 
the bonndaries of a School District, he shall give five days notice t© 
the Clerk of each district to be affected thereby, at the time an^ 
place he will be present to decide upon such proposed alteration. — 
(See Form No. 28.) 

The District Clerk will immediately notify the other members d* 
the Board, which may be done by giving them a copy of the notiee 
served upon him. The District Board may apply to the Chairman 
of the Town Board of Supervisors and Town Clerk, to be associated 
with the Town Superintendent ; and when such Board is constitute4, 
it requires a majority to make any change in the boundaries of the 
district ; and in case of a joint district, the District Board may (eal| 
in the town officers, above named, of each town of which the joiut 
district forms a part, and it will require a majority of the Board m 
constituted to alter the limits of any joint district. It is entirelj 
optional with the District Board whether they will thus apply to tlie 
Town Superintendent or not. 

In all cases of alteration of the boundaries of a school district, 
whether with or without the consent of the District Board, it is tte 
duty of the Town Superintendent to immediately notify the Towm 
Clerk, and the Clerk of each district affected by such alterationu— 
If the District Board consent, notice may be given to the district % 
filing a copy of the order altering the district, with such comseat 
endorsed thereon, with the District Clerk. If they refuse their eosa- 
sent, notice may be given according to Form No. 29. When the con- 
sent of the District Board is given, the alteration takes effect froaci 
the time of filing the notice with the District Clerk, unless otherwise 
specified in the order. Notice may be given to the Town Clerk by 
delivering to him the order making the alteration, and also statiBg 
when such order wiU take effect. 

A conditional consent can not be received from a District Board -^ 
it Daust be given without any express or implied condition, and t© 



84 NOTES. 

tho specific alteratioa made in the order. For Form of order al- 
tering boundaries of a district, and consent of District Board, see 
No. 31. 

Alterations in the boundaries of a joint district must be made by 
the concurrence of the Town Superinteiident of each town in which 
any part of the district is situated, and notice' ^hfeteof must be given 
to the Clerk of each such town. .... 

In no case should any petition from any person to be set off from 
a district for the evident purpose of avoiding a tax for building a 
school house, be entertained by the Town Superintendent, or by the 
town officers associated with him in deciding upon the division of a 
district. 

DIV1.SI0N OF PROPERTV ON' THE I'OilMATlON OF A NEW DISTRICT KllOM 
A.\ ORGANIZED DISTRICT. 

Whenever a new district is formed AvhoUy or partially from the 
territory of a district possessing a school house or other property, it 
is the duty of the Town Superintendent at the time such formation 
takes effect, to ascertain and determine what proportion of the value 
of such property the new district is entitled to. This amount must 
be ascertained by first determining the real condition of the district 
at the time of the division, by adding to the value of the school 
house the value of all other property, including the school house site, 
library, apparatus and money in the treasury ; and from the aggre- 
gate deduct the amount of all debts due from such district. The 
new district is entitled to such proportion of that balance as the tax- 
able property set oft" from the old district bears to the whole amount 
of taxable property before the division. For instance, if the old 
district contained $8,000 of taxable property, and $2,000 was set 
into the new district, such new district is entitled to one fourth of 
the value of the property retained by the old district. 

In settling the division of property between districts, the District 
Boards cannot call in the town officers to act with the Town Superin- 
teadent, as the law puts this responsibility upon him alone. 

Having determined the amount to which the new district is enti- 
tled, tlie Town Superintendent must make an order (see Form No. 
32) directed to the District Board of the district, retaining the 



NOTES. 85 

seLool house, &c., requiring such district to levy and collect the 
amount awarded to the new district, and pay the same to the Treas^ 
tirer thereof. -^' - .><i 

This division of property can be made only when a new district i% 
formed from organized territory, and not when the boundaries of or- 
ganized districts are merely altered by the transfer of territory from 
one to another — except when a district becomes entirely extinct by 
being transfered to one or more organized districts, when, of course, 
a just division of property should be made. 

By section 98, it is made the duty of the Town Superintendent 
to make a map of all the school districts in his town, before the 
first Monday of September next, and file it with the Town Clerk ; 
and within the same time to furnish a map of each district to the 
Clerk thereof After said first Monday of September it is his duty 
to mark each alteration made upon the map in the possession of the 
Town Clerk, and upon the map of each district that may be 
altered. It is but little trouble to make these maps and note upon 
them the different changes made, and the Town Superintendent 
should not fail to discharge his duty in this respect, as such maps are 
indispensible in many instances where frequent changes are made, 
and are always convenient. 



Note I. 

VALUATION AND EQUALIZATION OF PROPERTY. TOWN CLERK. 

School taxes are assessed upon the same property as taxes for town 
and county purposes. 

Whenever a tract of land has been assessed as a whole, or an ag- 
gregate valuation has been placed upon the entire tract, and such land 
lies in different school districts, section seventy authorizes the Town 
Clerk to estimate the value of these different parts lying in different 
districts, for the purpose of school district taxation. 

As the assessments of adjoining towns frequently differ in the re- 
lative valuation of property, causing unequal taxation in joint school 
districts, the Superintendents of the towns in part embraced by a 
joint district, are authorized, upon application of any three tax 



^6 NOTES. 

fayers of the district, to'determine the relative proportioa of tSaes 
^ be assessed upon the real estate of the parts of such diatriot. — 
They shall certify their determination to the Town Clerk, who is re- 
(^nired to assess the school tax of such district for that year, accord- 
ing to such determination, if received in time. 

The Town Clerk is required to record in a book, to be kept for that 
pirpose, a description of all school districts within his town, and each 
alteration thereof: and he shall keep all reports, books, papers, maps, 
4fee., belonging to the Town Superintendent, when required by him. 



Note J. 

CLERK Of THE CODNTY BOARD OV SUPBBVISORS. 

The Clerk of the County Board of Supervisors, is required, on or 
Siefore the tenth day of October, in each year, to transmit to the 
State Superintendent a report in writing, setting forth the whole 
lumber of towns in his county, distinguishing those from which the 
required reports have been received from the Town Superintendent*, 
and containing an abstract of their reports. The Clerk of the 
Oomity Board of Supervisors is requested to report upon some addi- 
tional particulars, not reported upon by the Town Superintendents, 
all of which will be made according to Form No. 33. 

He is also required to deliver to the County Treasurer, on or be- 
fore the tenth of October, in each year, a written statement of the 
'#t61e number of children over the age of four and under the age of 
^■wentj' years, residing in each town, as shown by the reports of the 
Town Superintendents. 

The attention of the Clerk of the County Board of Supervisors is 
iireeted to the provisions of Sections 28, 60 and 61, Chapter 13, 
Title III, and also to Sections .53 and 54, Chapter 18, Title V, Re- 
vised Statutes, 1858. 

No portion of the income of the School Fund can be apportioned 
46 any town or city, unless such town or city has raised for school 
|>urposes, a sum of money, equal to one-half the amount rec-eived 
firom the State at the last previous apportionment. 

The law requires the County Board o? Supervisors, at their an- 



BIGEST OF DECISIONS. 8T 

nual meeting each year, to estimate and determine the amouMt to be 
raised in each town arid city for school purposes. It is not sufficient 
that the aggregate directed to be raised in the county is equal to 
one-half the amount received by the county at the last apportion- 
ment ; but iticmust appear from the certified statement of the Clerk 
of the Board of Supervisors made to the State Superintendent that 
each town and city has been directed to raise an amount equal to 
cue-half that received the March previous, or school money cannot 
be apportioned to such towns and cities, under the provisions of the 
Constitution. 

A neglect to return to this Department by the time specified, the 
County School Tax levied, and to make his Annual Report, renders 
the Clerk of the County Board liable for the full amount with inter- 
est, which each town shall lose by such neglect and refusal. 

It has in a few instances been permitted, by special legislation, 
that when the County Board has neglected to levy the proper school 
tax, the towns were authorized to do so, and the Town Clerks di- 
rected to certify such assessment to the State Superintendent, who 
was then authorized to apportion to such towns. There is no law 
now existing, warranting such a course of procedure, and it cannot 
be sanctioned by this Department. 



DIGEST OF DECISIONS. 



APPORTIONMENT OF SCHOOl MONEY, 

Town Superintendents must be governed by the reports of the 
District Clerk, in apportioning school moneys ; but a mere clerical 
■error may be corrected after such reports hav» been made to the 
Town Superintendent, and before he makes his return to the Clei'k of 
the Board of Supervisors. He can not try the truth of the Clerk's 
■certificate ; if willfully false, the law prescribes the penalty. 

In case of a joint school district, the Town Superintendent of each 
t€(wn, in which any part of such district is situated, wiU apportion 



88 DIGEST OF DECISIONS, 

school moneys to such district according to the number of children 
reported to him as residing in that part of the diistrict lying in his 
town, without regard to the amount raised in the other towns for 
school purposes. 

It is the duty of the Town Superintendent to apply to the Town 
and County Treasurers for the school money as soon as the same is 
payable ; and to apportion such money immediately after it is re- 
ceived by him, among the several districts of his town which have 
complied with the law. 

The Town Superintendent can not legally apportion any school 
money to a district in which a common school was not taught by a 
qualified teacher for three months during the year ending on the 31st 
day of August last previous to such apportionment, which is a Con- 
stitutional requirement ; but in determining this, he must be guided 
by the reports of the District Clerks, as he cannot go back of their 
reports, even if he knows them to be willfully false. In svich a ease^ 
it is his duty to prosecute the offender, and if he does not. he renders 
himself liable to a penalty. 

A district which is not entitled to an apportionment of school 
money cannot receive library money, notwithstanding it may have 
complied with the laws and regulations concerning district libraries. 

The law provides that the Town Superintendent shall not appor- 
tion school money to a district which has not expended, for the pay- 
ment of teachers' wages, all school moneys received from the School 
Fund during the year ending at the date of the last previous annual 
report. This is to be understood with some qualifications, and vests 
in the Town Superintendent the exercise of a sound discretion. It 
is the intention of the Constitution and Laws of the State to grant 
aid to every district for the support of common schools, where aU the 
children of the district may receive instruction, and participate in 
the benefits of our free school system. But this aid is granted upon 
the condition that a common school shall be maintained at least three 
months in each year, and that the money previously received by the 
district has been expended as the law above cited requires. This 
provision of law is directory as to the manner of expending public 
money, and not as to the time of expending the same. 

The object of this provision is to prevent the use of money re- 



DIGEST OP DECISIONS. 8'^ 

eeived from the School Fund for auy other purpose than the payment 
of teachers' wages, and not that every cent of such money shall be 
expended by a particular day. Should there be a small surplus in the 
District Treasury at the date of the Annual Keport, or a larger sum 
that, by vote of the district, had been set apart for the payment of 
the wages of the teacher of the the then approaching winter school, 
there is no good reason why the Town Superintendent should with- 
hold an apportionment from such district, as it is acting in good faith 
with the State, and has in spirit complied with the law. But the 
Town Superintendent must not suffer money derived from the School 
Eund to accumulate iu the treasury of a School District ; and he can 
not apportion money to a district that has used any portion of such 
money for other purposes than the payment of teachers' .wages. 

As different constructions have been given to the words, '' school 
moneys received from the School Fund," as applied to School Dis- 
tricts, it may be proper to state, that they mean that portion of the 
school money of each district received by apportionment from the 
Town Superintendent, which is derived from the income of the School 
Fund annually apportioned by the State Superintendent to the sever- 
al towns and cities of the State. 

The Town Superintendent is not authorized to apportion money to 
a district, where any other officer than the District Clerk made and 
signed the Annual Report, as there is no responsibility or penalty in- 
curred for false statements in a report made by any other than the 
District Clerk. 

The apportionment is based entirely upon the reports of the Town 
Superintendents, and consequently, if a district does not make its re- 
port, it is left out of the apportionment, and cannot be entitled to 
any share in the apportionment. 

In case the District Board divide the school into different depart- 
ments, all public money must be paid to qualified teachers. Any 
arrangement by which all the money is paid to the principal, and 
part paid by him to the assistants not properly qualified, would be 
a palpable evasion of the law, and would cause the district to lose 
its apportionment. 



9Q QIGBBT eP DECISIONS. 

ALTEEATIONiS OK SOHO0L DISTRICTS, 

The State Superintendent has no power to form or alter school 
districts, except on appeal from tlie Town Superintendent who re- 
fuses so to do. 

Joint school districts are those that are composed of parts of two 
or more towns, and they can only be formed and subsequently altered 
by the joint action of the Town Superintendents of each of the towns 
in which such districts are situated, except when by the alteration of 
town lines, such town lines run through the district, when it becomes 
a joint district by operation of law. 

Joint districts may be formed from parts of different counties, but 
never should be, except in cases of urgent necessity. Nor should 
joint districts ever be formed when it can possibly be avoided. Nine- 
tenths of all the difficulties in regard to the management of school 
districts, arise from joint districts. 

All parts of a joint district should have the same number, or be 
numbered alike, and that number should differ from that of any 
whole district in either of the towns out of which such district is 
formed. 

Whenever, by a change in the boundaries of a town, the town line 
passes through a school district, such district becomes a joint district by 
operation of law, and can only be altered in the same manner as 
districts that were originally formed as joint districts. 

A joint school district, in all cases, except in its formation and al- 
teration, is within the jurisdiction and under the supervision of the 
Town Superintendent of the town in which the school house of such 
district is situated. 

As in case of the alteration of a district, the town officers of the 
town may be called in, so in the case of a joint district, the officers 
of both towns may be called in at first ; but no appeal can be taken 
Irom the action of the Town Superintendents to a Board thus com- 
posed. 

In the formation and alteration of a school district, no appeal can 
be taken from the acts of the Town Superintendent to a Board to be 
composed of the said officer, the Chairman of the Town Supervisors 
and the Town Clerk. The law does not authorize such a proceeding ; 



OiaBS'S OF DHCISIOJTS. &! 

but the District Board of any district to be afFeel>ed by any alt^la- 
tt®u proposed by tbe Town Superintendent, may apply in the first 
iastarnce, to svich ofl&cers to be associated with the Superintendent, and 
the concurrence of a majority of such Board, when so constituted, is 
i\ecessary before any alteration can be made. All appeals from the 
action of the Town Superintendent must be made directly to the 
State Superintendent. Appeals may be taken from the action of the 
Board above mentioned, to the State Superintendent either for alter- 
ing or refusing to alter school districts. 

The law only provides for the division of the property of a district 
in cases where a new district is formed from one or more districts 
possessed of a school house and other property, &c.; and the propor- 
tion of the value of such property to which the new district is enti- 
tled should be ascertained a'nd awarded at the time of making the 
the order forming the new district. The neglect of the Town Super- 
intendent to make such award does not extinguish the claim of the 
new district upon the old, for its just proportion of the value of such 
property. 

But if the Board refuse to give their consent to the alteration, 
thereby postponing, for the term of three months, the time when the 
alteration will take effect, the aM'ard should be raade at the time 
such order takes effect, and based upon the property owned by the 
district at that time. 

Whenever a portion of the territory of one district is annexed to 
another existing district, the consent of a majority of the District 
Board of each district must be procured to make the act immediately 
operative. Or, in other words, in all cases of alteration in the boun- 
daries of a school district, the consent of a majority of the District 
Board of each district that will be affected by such alteration, must 
he obtained, or the alteration will not take effect until the expiration 
of three months. 

Alterations of the boundaries of school districts may be made be- 
tween the first day of December and the first of April, to take effect 
on or subsequent to the first of April. It is, however, advisable, as 
a general rule, that new districts should be formed and tke bounda- 
ries of organized districts changed, only when such formation or 
.change is required to take effect at once. 



92 DIGEST OF DECISIONS. 

"Whenever an alteration of the boundaries of a school district is 
made without the consent of the District Board, and the three 
months, after notice given to such Board, shall expire between the 
first day of December and the first day of April following, such a!- 
teration will not take eff"ect until the said first day of April. 

If a district ceases to elect officers and neglects to maintain 
school, it virtually loses its organization, although perhaps not strict- 
ly, Ih such a case it would be the duty of the Town Superintendent 
to annex their territory to districts in which schools are main- 
tained. 

The decision of a case upon appeal by the State Superintendent in. 
regard to the limits of a district, does not fix the limits of a district 
so that they can never be altered. The decision of an appeal de- 
cides the case only upon the facts as presented. Upon a difi'erent 
state of facts, or upon a change in the town,' upon an increase of 
population, or for any other sufficient reason, the Town Superintend- 
ent can, in his discretion, alter the limits of a district. A decision 
of the State Superintendent is not so conclusive and final as to for- 
ever prevent the proper authorities from changing their districts. — 
It is conclusive and final, so far as the case under consideration goes, 
{ind no farther. . , , , 

In case a district is divided by the Town Superintendent, and' the 
division acted upon, and if the division is subsequently, upon appeal, 
decided to have been illegal, after the new district has made its an- 
nual report, and before the apportionment is made, it would still be 
entitled to its share of public money ; for the division being consid- 
ered as legal, and in good faith acted upon as such, it is, for the 
time being, and vintil otherwise decided, a legal district ; and the 
subsequent decision of its illegality does not invalidate its action. — 
Besides, if the district be decided as illegal, it retains its vested 
rights in the old district, and would be entitled to public money on 
this ground. 

OERTIFICATES OF TEACHERS ANNULLING CERTIFICATES. 

The law confers no power on the State Superintendent to graat 
certificates of qualification to teachers of common schools. 

A certificate of qualification should not be granted to a persoB 



DIGEST OF DECISIONS. 93 

who caunot teach in English, as the law provides that the branches 
required to be taught in district schools shall be taught in the Eng- 
lish language. 

It is not required of a Town Superintendent to advertise at what 
time and place he will be present to examine applicants for teachers' 
certificates, though such a course in many towns may be desirable. 
He is simply required to examine those who apply to him for a certif- 
icate. 

No person is a qualified teacher, within the meaning of the law, 
unless possessed of a certificate of qualification, in the form pre- 
scribed by the State Superintendent, from the Town Superintendent 
of the town where the school house in which he is teaching is situated. 
Certificates of qualification of teachers should bear date on the 
day of examination, and cannot be ante dated. All certificates re- 
main in force for one year, unless sooner annulled. 

The certificate of a teacher may be annulled without a re-examina- 
tion, if, after due notice given, such teacher refuses a re-examination, 
K a teachers' certificate is annulled, the District Board are at 
liberty to rescind the contract and dismiss him. 

But if they continue him in school, after notice that his certificate 
has been annulled, it will be regarded as such a continuance of the 
contract, that they will not be allowed to object to the payment of 
wages for the full time he taught the school ; but no such time can be 
returned to help to make up a three months' school, in order to share 
in the apportionment, for when a teacher's certificate is once annulled, 
he is no longer a qualified teacher. 

A practice prevails to a great extent, in many instances causing 
serious difiiculty, of hiring teachers who have not a certificate of 
qualification from the Town Superintendent, upon their promise to 
procure one, which frequently creates serious difiiculty. This prac- 
tice should at once be discontinued, and all teachers should be required 
to present their certificate when they present themselves as candi- 
dates, for the law does not authorize the Clerk to hire any but qual- 
ified teachers, and any contract thus made imposes no obligation upon 
the district to pay the wages of such teacher ; and the Board, so 
acting, render themselves individually liable for the amount. In all 
cases, without any exception, the Clerk should refuse to enter into 
contract with a teacher until a certificate had been obtained. 



^4 DIGEST OP DECISIONS. 



DISTRICT OFFICERS. 



All district officers shall be chosen for three years, except that for 



s- 



the year 1858, and in the first election in any newly organized dis 
trict, the Clerk shall be chosen for one year, the Treasurer for two 
years, and the Director for three years. 

If a district neglects or refuses to elect officers, the officer elected 
the previous year holds his office for ten days after the expiration of 
his term, at which time the Board may appoint his successor ; but if 
they neglect or fail so to appoint for ten days, the Town Superintend- 
ent may fill the vacancy by appointment. 

District officers may be legally chosen viva voce, or by ballot, or 
in any other mode determined upon by the meeting, as the law does 
not specify the mode of election. The fact that officers are elected, 
and so declared, by either mode, without any express resolution pre- 
viously adopted, directing the mode of electing officers, implies a 
consent to the manner of election by which they were actually chosen. 
A majority of the votes cast is requisite to the choice of district offi- 
cers. But the correct mode of electing officers is by ballot, and no 
school district should depart from it. 

The refusal of a district officer to perform his prescribed duties, 
vacates his office, and the vacancy may be filled as provided by law. 

Section 88 of the >Sehool Law imposes a fine upon the Clerk, and 
other district officers, for neglect of duty. The Clerk, and all dis- 
trict officers, must be left to their own discretion in their action, but 
a persistent refusal to carry out the wishes of tlie Board, should va- 
cate the office of the person who thus acts. Harmony of action 
should be preserved, or the efficiency of the school is very much im- 
paired. 

The evident intent of the law in regard to the employmettt of 
teachers is, that a majority of the Board shall hire the teacher. If 
the Clerk obtains, with his own, the endorsement of another member 
of the Board, they two constitute a majority — the Clerk merely car- 
rying out the wishes of the Board in drawing up and signing the 
contract in his capacity as Clerk of the Board. If the District 
Clerk had the power to set the other members of the Board at de- 
fiance, he would be the sovereign of the district, unless there was 
some remedy against such an unwarranted assumption of power. 



DIGEST OF DECISIONS. "^0 

There is stieh a remedy in the law, which, in effect, declares that a 
majority of the Board shall select the teacher, as two of them are 
required to sign tiie contract ; then it plainly becomes the duty of 
the Clerk to draw up the contract and sign it. If he refuses to do 
this, the other members of the Board should at once declare his office 
vacant, and proceed to appoint one in his place, who will feel it to be 
his duty to carry out the expressed wishes of the Board and the 
people. Still, the Clerk may have good and valid reasons for such, 
refusal, in which case, upon appeal to this Department, the matter 
will be decid»ed. The Clerk has no right to question the qualifica- 
tions of a teacher chosen by the Board, as that question is consid- 
ered settled if he has a certificate from the Town Superintendent. 
And if the Board agree as to the teacher, it becomes the duty of the 
Clerk of the Board to carry into efi"ect their wishes. This arises 
from what has before been stated, that the Clerk acts in a double ca- 
pacity — as a member of the Board, and as Clerk of the Board. 

A District officer cannot qualify after the ten days allowed by law 
have expired. His office is then vacant, and must be filled by the 
remaining members of the Board, or if they fail to do so within the 
proper time, by the Town Superintendent. 

If a District officer removes from the District, his office becomes 
vacant from the time of such removal. If such removal is not a per- 
manent one, but still one which interferes with the proper discharge 
of his official duties, his office should be deemed vacant. 

The duties of the office of District Clerk and teacher of the school 
of the same district, are incompatible. The Clerk is the agent of 
the district, and one of the Board to employ a teacher ; and while 
acting in that capacity cannot act as teacher, as he would have to 
enter into contract with himself, determine his own wages, and draw 
orders for the payment thereof, and do other things which are incon- 
sistent, not to say illegal. If the District Clerk desires to teach the 
school of his district, he should resign, and have some one appointed 
to fill his place. 

Nor can the Town Superintendent teach as a qualified teacher, as 
he cannot qualify himself If the Board hire an unqualified teacher, 
they are individually responsible. No school money can be received 
frona the State if the school is taught by an unqualified teacher, and 



96 DIGEST Of DECISIONS. 

the Town Supei'iatenclent, while acting as such, canuot be a qualified 
teacher. If he wishes to teach, he must resign as Town Superin- 
tendent, and receive a proper certificate of qualification from his suc- 
cessor. This matter has already been more fully noticed under the 
head of Town Superivtendent — His Powers and Duties. 

The Director has no right to commence a suit against the Clerk, 
but he can institute proceedings against the Treasurer. Either the 
Town Superintendent should commence proceedings against a Dis- 
trict Clerk, or else the District Meeting should institute such action, 
when the Director may ajjpear for and in behalf of the district, un- 
less some one else has been specially designated for that purpose. 

DISTRICT BOARD. 

When any portion of the school money is applied to the payment 
of the wages of a teacher not duly qualified, or is otherwise illegally 
appropriated, the District Board making such unauthorized expendi- 
ture are personally liable to the district for the amount. 

Although a scholar has a legal right to attend the school of the 
district in which he is a resident, his own conduct may deprive him 
of that right. If his behaviour is disorderly and uncontrollable, 
and he persists in a violation of the discipline ^nd regulations of the 
school, after all legal and proper means have been exhausted on the 
part of the teacher to secure his reformation, the teacher should 
submit the facts to the District Board ; and if their intercession 
proves unavailing, they should expel him from school. For it is bet- 
ter that one should be expelled, than the usefulness of the school des- 
troyed. A teacher has no authority to expel a scholar. A scholar 
who has been expelled can only be re-admitted on satisfactory evi- 
dence presented to the District Board of a determination on his part 
to comply with all reasonable regulations of the school. 

The law provides that " the District Board shall have the care 
and keeping of the school house and other property belonging to the 
district," and the question arises as to the extent of the power con- 
ferred by this provision, and to what uses the school house should be 
confined by the District Board. The general principle applicable to 
cases arising under this provision, is this : that it is the duty of the 
Board to exercise such general supervision over the oare and man- 



DIGEST OF DECISIONS. 97 

agement of the district school house, as that the instruction of the 
pupils in the school shall not be embarrassed by any use of the house 
other than for school purposes ; and that the property of the district 
and the furniture, apparatus, books and papers belonging to the 
school, or the pupils, shall not be injured or destroyed. Any use of 
the house in subordination to these restrictions, and not inconsistent 
with the main purposes for -which it was designed, must be left t® 
the determination and pleasure of those to whom it belongs, whoise 
wishes and directions, in this respect, the District Board are bound 
to carry out. 

The school house is the property of the district, and subject to its 
control, within the limitations of the law. The purpose for which it 
was erected must be pursued, and nothing can be suffered to inter- 
fere with that. But when that purpose is accomplished, there is 
neither reason nor law for prohibiting its application to any object of 
social or moral improvement which a majority of the voters of the 
district may sanction. Upon this principle, and subject to the re- 
strictions and limitations referred to, it may be used, out of school 
hours, and when not wanted for any district purposes, for lectures, 
debating societies, religious meetings, or any other moral, literary- 
or useful purpose, with the approbation of a majority of the distri-et. 
The Distri t Board are responsible for any damage the school house 
may recei\ e while being used, for purposes not authorized by the 
district, by their consent. 

The District Board have no authority to levy a tax without a vote 
of the district. 

The District Board can not discharge a teacher who has pest- 
formed his duties according to contract, without incurring the liabi- 
lity on the part of the district, of paying the teacher for the wbok 
time he contracted to teach. A teacher once hired should not b« 
dismissed, except for imperative reasons, as it breaks up the regula- 
rity of the schools, and endangers the prosperity of the district, and 
it may not be possible to procure another teacher in time to meet 
the requirements of law, in maintaining a three months school, m 
order to share in the apportionment. Several cases have alreadj 
come to the knowledge of this Department, in which districts will be 
deprived of their apportionment for this reason. 
13 



98 DIGEST OF DECI SIGNS. 

The immediate government of the school must rest with the teach- 
er ; but his acts are all under the control of the District Board. In 
all cases, unless it is impossible so to do, the teacher should be siis- 
tained by the Board, as an interference on their part, except in his 
support, weakens his influence, and tends to destroy his authority, 
and a school without good government is of little use. 

The District Board have authority to employ a teacher for three 
months without the direction of a vote of a district meeting. 

The School'Law makesjt imperative upon district schools to have 
certain branches taught, but the same law gives the Board power to 
add such other studies as they may deem proper, such as writing 
compositions, declaiming, etc. 

The power to determine what taxt books shall be used in the 
several branches taught in district schools, is vested solely in the 
District Board, under the advice of the Superintendent of Public 
Instruction. 

In many school districts it is the practice of the District Board t« 
engage a teacher with the understanding that he shall board with 
the parents of the children attending school proportionably to the 
number sent. There is no authority for such a contract, and it caBr- 
aot be enforced on the inhabitants. If by mutual and general con- 
sent, such a course is sanctioned and adopted by the inhabitants of a 
district, it will have the effect to lighten the burden of taxation, and 
prove otherwise agreeable. If this is not done, there is no other 
way than to contract to pay the teacher a specified sum per month, 
or term, and let him board himself; and if the public money is in- 
sufficient to pay the teacher, the balance must be assessed and col- 
lected upon the taxable property of the district like other taxes. 

The power to admit pupils from without the district rests entirely 
with the Board. The first duty of the district officers is to meet 
the wants of the children within their own district, and if they see 
St they can admit others. In no case can a tuition fee be collected 
lirom scholars from without the district — except for attendance on 
Union or High Schools. 

In case pupils from without the district apply for admission in the 
district school, the teacher should be consulted, as he contracts to 
teach the children of a particular district. If he refuses, it would 



DIGEST OP DECISIONS. 99 

be w»ll for the Board to be governed by his wishes, as he can tell fer 
better than they whether such additions will detract from his uaeful- 
aess to the scholars of the district. 

SCHOOL MONEYS, ETC. 

The amount of all expenditures incurred by a school district for 
any purpose authorized by law, over and above what is satisfied by 
the amount of school money apportioned to it, must be raised by tax 
upon the taxable property of the district ; and each contemplated 
item of expenditure should be specifically stated in the resolution 
adopted by the meeting sanctioning such expenditures. 

Whea the whole amount of tax raised for a specific purpose is not 
required for that purpose the balance may be used for such other 
legal object as the district majf direct. 

Money raised and collected in any town for school purposes, should 
not be paid over to the County Treasurer, but retained by the 
Town Treasurer, and paid by him to the Town Superintendent on 
application. 

No mere money can be legally expended in the erection or repair 
of a school house than is necessary for common school purposes. A 
school house should be built solely with reference to the object for 
which it is intended, and to the convenience and comfort of scholars 
and teachers. The law empowering school districts to raise a tax to 
build a school house, does not contemplate that they should have 
power to tax the people to build a church. 

Section 100 of the School Law authorizes school districts to bor- 
row money to build or purchase a school house, but this section must 
aot be made to apply to borrowing money for any other purpose. 

DISTRICT MEETINGS. 

School district meetings are authorized to " alter, repeal and mo- 
dify their proceedings as occasion may require." This is to be un- 
derstood as granting only a conditional power ; for whenever con- 
tracts have been actually entered into, liabilities incurred, or expen- 
ditures of money made, in the prosecution of any measure directed 
by the district, a repeal, alteration or modification of such measure 



100 DIGEST OF DECISIONS. 

will not be sanctioned, as no means exist to indemnify those wlio 
may be losers thereby. When district officers have been legally 
elected at any district meetiug, neither that nor any subsequent 
meeting have any power to reconsider or rescind the vote, wliether 
by ballot or otherwise, by which such officers were chosen. A dis- 
trict officer, when elected, cannot be deposed by a vote of a district 
meeting. 

A tax cannot be voted for arrearages generally, or to reimburse 
district officers for moneys expended by them, unless it appears by 
the vote that the money is to be applied to the objects for which taxes 
may be raised ; all such votes must be taken by ayes and noes, and 
entered at length upon the district records. 

When the voters of a school district have by a vote to that eifect, 
authorized the District Board to make repairs upon the school house, 
or to do any other lawful acts involving an expenditure of money, 
they will be required to save the district officers harmless if the lat- 
ter have acted in good faith. 

The voters of a district may legally vote a tax to enlarge their 
school house, notwithstanding it may have already cost $500 00 
without a certificate from the Town Superintendent. 

A school house built by subscription may, if under the control of 
the District Board, be kept in repair by a tax upon the taxable 
property of the district. 

The voters of a School District ea»notj by a vote to that effect, 
direct that the requisite fuel shall be provided by those persons 
sending children to school, in proportion to their attendance, as no 
such vote can be enforced. The inhabitants may voluntarily contri- 
bute their proportion of fuel, which will of course lessen the amount 
of taxes to be raised ; but if they do not, the District Board are re- 
quired to furnish fuel, to be paid for by a tax levied upon the tax- 
able property of the district. 

DISTRICT SCHOOLS WHO MAY ATTEND TEACHER, ETC. 

Every person over four and under twenty years of age has a legal 
right to attend the common school of the district in which he resides, 
free of charge ; but has no legal right to attend the school of any 
other district. 



DIGEST OF DECISIONS. 101 

The District Board of any district have a right to exclude from 
their school children not residing therein ; Provided, No directions 
to the contrary have been given by a meeting of the district. Such 
officers may permit children residing in another district to attend 
their school ; but this should never be done if opposed by a majority 
of the voters, or if it will in any way tend to discommode the 
scholars who have a legal right there. 

The object of the District Board should be, in the first place, to 
secure, as far as possible, every advantage and facility to the chil- 
dren of their own district for partaking of the benefits of the school. 
When that is done, scholars from adjoining districts may be admitted 
if such admission will not operate to the injury of their own. If 
■children from other districts are admitted, it should be without 
charge for tuition, as its collection cannot be enforced. 

'The residence of children, as a general rule, follows that of their 
parents or guardians. The fact that a scholar goes from one district 
into another to reside, for the sole purpose of attending school, does 
not constiti^te such a residence as to give him a legal right to attend 
the school. 

Children under four years of age should never be permitted to at- 
tend district schools ; and the District Board should never object to 
the admission of persons over twenty years of age to the school of 
the district in which such persons reside, unless their attendance 
will prevent the attendance or proper instruction of those of legal 
.age. 

The teacher of a school has necessarily the government of it ; and 
he may prescribe the rules and principles on which such government 
will be conducted. The District Board should not interfere with the 
discipline of the school except on complaint of misconduct on the 
part of the teacher ; and they should then, invariably sustain the 
teacher, unless his conduct has been grossly wrong, lest they do 
greater injury than has already been done. The teacher should at 
.all times consult with the Board, and as far as possible follow their 
iidvice and direction in all matters of discipline. 

The law does not prescribe what punishment may fee inflicted by a 
teacher in the government of a school ; and the practice of inflicting 
•corporal punishment has no sanction but usage. The teacher is re- 



102 DIGEST OP DECISIONS. 

sponsible for the maintenance of good order, for without order theye 
oan be no proficiency in the school ; and he must be the judge of the 
degree and nature of the punishment required, as eircumatanees 
arise, always acting dispassionately, and with an earnest desire to do 
that which will most advance the interest of the school, and the re- 
formation of the offender. But the teacher is liable to the party 
injured for any ahuse of a prerogative that is wholly derived from 
euetom. It would always be advisable for teachers, as far &b possi- 
ble, to avoid corporal punishment, as tending to debase and harden 
the minds and feelings of the scholars. If such punishment is ever 
inflicted, let the offender be punished in private, and not make his 
disgrace a public spectacle ; and by thus showing respect for the 
finer feelings of our common human nature, much would be done 
towards removing the occasions in which corporal punishment would 
ever seem necessary. 

When a person enters into a contract with a district as teacher, 
he engages to teach the school seven hours, including the usual 
intermissions, each day, and no longer, unless particularly specifier? 
in the contract ; and his authority over the scholars extends only to 
the school house and play-grounds. For he might with the same 
propriety be expected to teach the scholars beyond the usual tim<e 
each day as that he should govern them beyond that time, while 
coming to and going from school. It is customary with teachers to 
make the conduct of their scholars at all times, a subject of inquiry 
and advice, having a pride in observing proper deportment on their 
part on all occasions ; but they have no authority, nor can they be 
required, to examine into their conduct out of school hours, and be- 
yond the grounds of the school house. 

School money can be applied only to the benefit of such schools ae 
are established by the District Board in pursuance of law. A select 
school established and supported by the patrons thereof, and for their 
sole benefit, is not a common school within the meaning of the law, 
and is not entitled to public money. To receive aid from the State, 
the school must be free to aU children between four and twenty years 
of age, and must be under the supervision and control of the legally 
appointed school officers. No tuition fee can be charged. 

When a district school is duly established, free to all cbiidjreje 



SCHOOL HOUSES. lOS 

between fom and twenty years of age, and is under the control and 
s'spervifiion of the proper school officers, the fact that it is supported 
by voluntary subscription, instead of by tax, does not deprive it of 
its right to a portion of the public money. 

APPORTIONMENT. 

The moneys received from the State, together with the tax levied 
by the County Board upon the several towns, and eoUeeted and paid 
to the Town Superintendents, should be as soon as possible appor- 
tioned between the districts by the Town Superintendent, according 
to the number of children in each district. All other taxes levied 
either by towns or by districts must be paid to the districts levying 
a«d collecting the same. 



SCHOOL HOUSES. 



The following hints in regard to School Houses are given merely 
as directory to the Districts, The houses now in use by many able 
and densely populated districts in the State are a disgrace to the peo- 
ple, and might be fitted up in a tasty and attractive manner at little 
expense. We hope that more attention will be paid to this than has 
been heretofore. 

As the location of school houses, and their interior and exterior ar- 
rangements, exert a very important influence upon the discipline and 
proficiency of schools, and the morals and habits of the scholars, it is 
thought proper to submit a few suggestions upon the subject, which it 
is believed, will reeommend themselves to the approving consideration 
of every person interested in the health and comfort of his children, 
and the credit and prosperity of the schools. 

LOCATION OP SCHOOL HOUSES. 

The fiito of the school house should be in a dry, healthy and shel- 
tered situation, accessible from all parts of the district, and retixed 



104 g(?HOOL HOUSES. 

from the dust, flbise aiad datger of the highway ; the vicimty of pla- 
ees of idle and dissipated resort should be avoided, as well as places 
®f public business ; and if it can be so chosen as to overlook a de- 
Eghtful country and be surrounded by picturesque scenery, it will 
'fee increasing the attractions that should always surround' it. 

" The first aim should be to select a healthy location, for no cooi- 
t>ination of advantages in other respects can compensate for the ab- 
sence of this ; and the house should be built at any point, no matter 
feow far distant from the center, or the district should be disorganized 
and attached to those which surround it, rather than expose the chil- 
dren every time they step outside the school-room to the poisonous 
miasma arisino; from marshes and low lands in the summer, or the 
piercing blasts and severe cold of an elevated situation in the winter. 
Neither should a school-house be built on a level arid waste, where 
the scorching rays of the sun pour down continuously during the long 
summer days, drying up vegetation, burning the life out of the at- 
mosphere, and enervating the body and mind of teacher and pupils, 
but on a gentle eminence, suflficiently elevated to be always free from 
standing water, and protected, if possible, from winter's winds by a 
ridge of land or a grove of timber. 

" Having selected the spot for a site, the next thing in order is to 
determine its size, and this is the second point at which mistakes are 
asually made, though there is not generally as much contention about 
the size as about the locality of the site, all agreeing in providing 
ihe smallest one that will answer the purpose. In many instances the 
front of the house is set even with the road fence, leaving no yard 
except that furnished by the street ; in others the fence curves beau- 
tifully around the rear of the hoxise, leaving space enough for teams 
to pass, and an area at the sides on which to pile the firewood, and 
serving as a place of deposit for ashes, litter, etc. 

" Notwithstanding the interest felt in the subject of education, and 
i^he improvements which have been made in the construction of school- 
houses, actual examination of a large portion of the State, has con- 
vinced us that not one school-house in a hundred has a yard of suita- 
ble size and properly enclosed, and this is true of sections of country 
in which land is not worth more than ten dollars per acre, 

" Now, that every school-house should have an enclosed yard, is 



SCHOOL HOUSES. lOS 

■evident from the following considerations : First, as a matter of 
economy. The house and appurtenances are always more liable te 
damage from accidents, and trespasses on the part of animals, rude 
boys and uncivilized men, when standing open to the street, than 
when surrounded by a good fence. 

' ' Second, on the score of neatness. A yard or area to which hogs 
and horned animals have access at their pleasure, is not a fit place 
for young children to sport and play in, and it is impossible for the 
teacher to exert a proper influence upon his or her scholars in regard 
■to cleanliness, and the personal habits connected with it, so long as 
th€ school-house is situated in the highway, and surreunded by th« 
filth which usually accumulates under such circumstances. 

' ' Third, pupils should have sufficient room for exercise and amuse- 
ment without using the highway for that purpose, not only because 
they are liable to injury from passing teams, and often ffighten skit- 
tish horses, causing their drivers annoyance and trouble, but because 
of the influence the unrestricted use of the highway will have upon 
their future characters and lives. 

"Habits of lawless self-indulgence and disregard of others' rights 
are the legitimate results of lessons learned in the street, and all who 
■realize the truth of the saying, that " the child is father to the man,,' 
.will see in unfenced school-houses, cemeteries, and the like, a cause 
for the prevalence of the idea ^ which regards the public as an outlaw, 
whom all are at liberty to hunt and plunder. 

" Every country school-house should have a yard containing at 
least one acre of land, and should be so arranged as to aiford a sepa- 
rate play-ground for each sex, with proper out-buildings." — A, J. 
<Craig, Editor of Wis, Journal of Education. 

SCHOOL HOUSE. 

The school-house should present a handsome exterior, and in every 
respect an inviting and attractive appearance. There should be a 
separate entrance to the school-house for each sex, opening into rooms 
■distinct from each other and from the school-room, These rooms 
. should be fitted up with scrapers and mats for the feet ; with hooks, 
.shelves, &c., for hats, coats, umbrellas, etc.: with sink, basin and 
14 



106 SCHOOL HOUSES. 

towels, and all the means and appliances neoesBary to secnre Iiabits 
of order and cleanliness. 

" In determining the size of a >school-house, reference should be had 
not merely to the number of children needing accommodation at pres- 
ent, but also to the probable number who may be residents of thedi»- 
trict for several years in the future. A district in which there are 
forty children of an age suitable to attend school, should erect a house 
capable of accommodating sixty pupils at the least. 

"We will suppose, then, that a house is to be built to accoBomo- 
date that number of pupils ; the size and arrangement of the seats aire 
first to be considered. The best arrangement is a single seat anci 
desk for each pupil, but when such cannot be had. double seats and 
desks for two pupils will do very well, and will cost but little more 
than the old fashioned long seat and desk." 

THE SOIOOL ROOM. 

The school room, in addition to the space required for aisies aod 
the teacher's platform, should be large enough tc accommodate, with 
a Beat and desk, every scholar who is entitled to attend the schooij 
and also to allow at least one hundred and sixty cubic inches to each 
scholar ; so that a room twenty-five feet by thirty, and ten feet in 
height, is none too large for the healthy and convenient accommoda- 
tion of forty-five scholars. The room should be well lighted, with 
windows on the sides of the building, so that the light will not shiae 
directly upon the faces of tlie scholars, and should be furnished with 
curtains or blinds. The teacher should have a platform raised a few 
inches from the floor, and supplied with a desk, situated Dear the 
front entrance to the school room. 

SEATS AND DESKS. 

The seats and desks should be so arranged that all scholars will sit 
facing the teacher in bis desk ; and should be so constructed that but 
Irwo scholars will occupy one seat and desk, which should be at leaat 
three feet eight inches long. Thus no scholar will disturb anothe? 
by leaving his seat. A separate seat and desk for each scholar 
would be still better. The height of the seats and desk^ should W 



SCHOOL HOUSES. 107 

graduated to suit the ages of the different scholars. For a child ten 
years of age the seat should be about thirteen inches high, and desk 
twenty-two inches ; width of the seat about eleven inches, and of the 
desk fourteen inches. For a scholar seventeen years of age the seat 
should be sixteen inches high and thirteen wide ; the desk twenty- 
eight inches high and eighteen wide. Three inches of the upper 
sxtrface of the desk should be level, the remainder sloping not more 
than one inch in a foot, and the edge should be in the same perpen- 
dicular line with the front of the seat. The back of the seat should 
slope about two and a half inches in sixteen. 

The room should be properly warmed, and kept at an even tem- 
perature of about sixty-eight degrees ; and as stoves are mostly 
used for tbis purpose, the pipe should be carried as high as possible 
above the heads of the scholars, to a flue within or next to the 
walL 

Every school room should be supplied with at least a black board, 
and three outline maps — one of each hemisphere, and one of the 
United States. <]K,her maps, charts and apparatus, should be fur- 
nished as the wants of the district suggest, and its means will al- 
low. Pictures of persons, or scenes suited to a proper moral effect, 
are desirable and useful decorations of a school room. 

VENTILATION OF SCHOOL B,OOM. 

It ie a well ascertained fact, that the amount of air inhaled by a 
healthy adult during three hours, is at least seventy-five cubic feet, 
and that air once respired lo-ill not further sustain animal life. — 
Therefore forty-five scholars, during a three hours session of school, 
would exhaust the vitality of three thousand three hundred and 
seventy-five cubic feet of air ; and were they kept in an air-tight 
room, twenty by twenty-four feet, and seven feet in heigbt, and could 
they breathe the pure air until it is all once respired, they woidd all 
die before the expiration of three hours. Such a condition of things 
cannot well exist, but there are cases of approximation to it, and 
this is given as an instance, ^^to show the necessity of large rooms, 
high ceilings, and proper ventilation. For air once respired, mixes 
with and vitiates the pure air remaining in^^^the room, rendering its 
repeated inhalation unhealthy and injurious, enervating both body and 



108 SCHOOL HOUSES. 

mind, and rendering both teacher and scholars unfit to pursue the 
object for which they are assembled. Proper means for ventilation 
should bo provided in all school rooms for the escape of the foul air, 
and admission of pure air, and should be'regarded as of primary im- 
portance in the construction of a school house. This may be done 
by constructing the windows so that the upper sash can be lowered, 
and by an opening, at least one foot in diameter, near the ceiling, 
into a flue which leads into the open air. 

If the ventilating flue can be carried up close beside or within the 
smoke flue, the warmth of the latter during the season when a fire 
is necessary, will materially aid the escape of foul air. Fresh air 
may be supplied by an opening in the floor under the stove, supplied 
with a tube leading beneath the floor, through the outside wall of 
the building. 



In conclusion, we would strongly urge upon the people of the State 
to foster their district schools, — those nurseries of wisdom and intel- 
ligence, and upon which the future of our nation so intimately 
depends. The annual meetings should be fully attended, and officers 
selected with a conscientious reference to their fitness for the office. 

Another point of vital importance is the selection of proper teach- 
ers. A good teacher is the cheapest in all cases ; and we would urge 
upon district officers the absolute necessity of looking well to the 
moral as well as mental qualifications of the teacher. The teacher 
should also be encouraged by frequent visits from the patrons of the 
school, — not in a manner to interfere with the discharge of his duties, 
nor to find occasion of complaint, but to show a proper interest in the 
great work to which he is devoted. 

It may also be observed that the harmony and good feeling 
that should exist in school districts and communities in relation 
to common schools, and the generous support that should be 
given to our free school system, depends much upon the enlight- 
ened zeal with which district officers and Town Superintend- 
ents fulfil the delicate and responsible trusts confided to them by the 
people. School officers are the agents of the people in carrying out 
and efi"ectuating the great republican principle of free schools ; and it 



TEXT BOOKS RECOMMENDED. 109 

is hoped that the happy effect thus far experienced by the adminis- 
tration of this system, will not be suffered to decline in interest with 
the people, or usefulness to the children dependent upon it for an ed- 
ucation, through indifference or omission of duty on their part. 

LYMAN C. DRAPER, 
State Superintendent of Puhlic Instruction. 



TEXT EOOKS EECOMIENDED. 



In this age of improved textbooks it is no pleasant task to com- 
mend one book, or series of school books, as superior to all others of 
the kind. Yet it is on<^ of the obligations imposed by law on the 
State Superintendent — •' it shall be his duty to recommend the intro- 
duction of the most approved text books, and as far as practicable to 
secure a uniformity in the use of text books in the Common Schools 
throughout the State." " The Board in each district shall have 
power, under the advice of the Superintendent of Puhlic Instruc- 
tion, to determine what school and text books shall be used in the 
several branches taught in the school of such district." The law, 
then, makes it the " duty of the State Superintendent to recommend," 
while ' ' the power of determining what school and text books shall be 
used," is vested in the District Board, under the advice of the State 
Superintendent. It is a further duty of the State Superintendent to 
secure, as far as practicable, a uniformity in the use of text books 
throughout the State. How all this can be effected, is not so easily 
determined. It would be folly for the State Superintendent to recom- 
mend text books, and endeavor to secure a uniformity in their use, 
if the District Boards have full power to determine this matter for 
themselves. And if the four thousand District Boards in the State, 
have full control of this subject, and can select what text books they 
please, how can a uniformity by any possibility be secured? But 
this power on the part of the District Boards is plainly limited ; they 
can only determine under the advice, or reeomiaendation of the State 



110 TEXT BOOKH RECOMMENDED. 

Superiutcndent. To meet this view of the case, and leave the Dis- 
trict Boards some latitude, two kinds of text books upoa the principal 
branches taught, are respectfully recommended in the following list 

Other series of Keaders are regarded as good, — Towers', Sargent's, 
Town & Holbrook's, Sanders', and Lovells'; but after a careful ex- 
amination of the merits of all, and consultation with several of the 
prominent educators of the Btato, preference is given to Parker & 
Watson's now series of National Headers, and McG-nffey's Eclectic 
Educational series. 

It has been already observed, that when different text books from 
those here recommended are at present in use, a sudden change might 
not be desirable ; but as soon as the old supply is worn out, and soon- 
er if the district will sanction it, let the proper change be made — for 
the proficiency of the scholars will greatly depend upon their having 
the best text books extant. 

Spellers and Reorders — National Series, McGuffey's Series 

Moral Instruction — The Bible, Cowdery's Moral Lessons. 

Grammars — Greene's First Lessons, Elements of English G-ram- 
mer, Analysis ; Clark's Grammar. 

Geographies — Monteith & McNally's Series, Warren's Geogra- 
phy, Warren's Physical Geography. 

Mathematics — Davies' Arithmetics and Algebras ; Ray's Arith- 
metics and Algebras ; Stoddard's Intellectual Arithmetic ; Colburn's 
(Prof D. B.) Arithmetic and its Applications; and Davies' Higher 
Mathematics. 

Gomposition, d^r. — Brookfield's First Book^; Quackboss' First 
Lessons ; McElligott's Analyzer. 

Speakers — Northend's Little Speaker : Northend's American 
Speaker ; Zachos' New American Speaker. 

Book-Keeping — Mayhew's Practical System ; Fulton & East- 
man's Book-Keeping. 

Histories — Lossing's Primary U. S. History ; Lossing's Pictorial 
U. S. History for Schools : Wilson's Outlines of General History ; 
Willard's Universal History. 

Ouiline Maps — Pelton's, Mitchell's. 

Drawing — Coe's Drawing Cards, Otis' Drawing books of Aniiaals 
and Landscapes. 



TEXT BOOKS RECOMMENDED. Ill 

Government — Shoppavd's Constitutional Text Book. 

Philosophy, d-c. — Parker's Philosophy, Wells' Philosophy, Wells' 
Soieuoe of Common Things, Peterson's Familiar Science. 

Chemistry — Porter's First Book of Chemistry ; Porter's Princi- 
ples of Chemistry ; Youman's Class Book of Chemistry. 

Botany — Wood's First Lessons ; Wood's Class Book ; Gray's 
Botanical Text-hook. 

Astronomy — Kiddle's Manual. 

Geology — Hitchcock's. 

Physioloyy, Hygiene, &c. — Loumis' Physiology ; Mrs. Porter's 
" Know Thyself:" Cutler's Physiology. 

Zoology — Mrs. Redficld's Chart of the Animal Kingdom ; Mrs. 
Redfield's Zoological Science. 

Music — Bradbury's Young Melodist ; Bradbury's School Singer. 

Reference Books — Webster's Dictionaries ; Lippincott's Pro- 
nouncing Gazetteer of the World ; Lippincott's Gazetteer of the 
United States. 

School Architeciure — Barnard's School Architecture, or Contri- 
butions to the Improvement of School^Houses in the United States, 
$2 00 ; Barnard's Practical Illustrations of the Principles of School 
Architecture — an abridgment of the preceding — price 60 cents. 

*,_).* The School Teachers'' Library is eminently worthy of the 
attention of all educators. The series consists of — 

Northend's Teacher and Parent ; 

Page's Theory and Practice of Teaching ; 

Mansfield on American Education ; 

De Tocqueville's American Institutions ; 

Davies' Logic of Mathematics ; 

Mayhew on Universal Education ; 

Soofi. on School Amusements. 



112 MORAL AND RELIGIOUS INSTRUCTION. 

MORAL AND MLTGIOUS INSTRUCTION 

IN PUBLIC SCHOOLS. 



Office of Sdp't of Public Instruction, 1 
# Madison, Wis., May 31st, 1858. J 

Daniel Collins, Esq., Watertown : 

Dear Sir — I duly received your favor of tlie 20th inst., in wliieli 
you inform me, that the Board of Education of Watertovrn, of which 
you are a member, have " unanimously resolved, that the reading of 
the Bible, and all forms of prayer, be discontiinued." You assign, as 
your justification for this action, the fact that your community is 
composed of so many different national elements; and, in conclusion, 
you ask my opinion on thejsubject. 

I very much regret that there should have occurred any serious 
differences of opinion in regard to the management of the public 
schools of your city ;''and, above aU, do I regret that such differences 
should have had their origin with reference to the use of the Bible. 
The Constitution very properly, I think, prohibits "sectarian instruc- 
tion" in the public schools of the State; but this certainly cannot 
justly be construed to mean' the total exclusion of the Bible from the 
schools, or that simply repeating the Lord's Prayer, as has been done 
in your public schools, or indeed uttering auy other liberal, unobjec- 
tionable prayer, could, in any just sense, be regarded as sectarian. 
This is my view and understanding of the matter, and I feel quite 
confident that this is also the practical, common-sense view taken of 
it by the great mass of the people of Wisconsin, without any regard 
to sectarian eonnections or partialities. 

You ask if the reading of the Scriptures and offering prayer are 
the common practice in the public schools of this State? To a con- 
siderable extent, I presume it is ; perhaps almost invariably so, when 
in accordance with the teacher's wishes. And such, too, is the prac- 
tice, to a great extent, in other portions of our own country, and in 
Europe. And more than this, religious instruction is imparted in the 



MORAL AND RELIGIOUS INSTRUCTION. 113 

public schools of the most enlightened countries of the world — iu some 
of them it is sectarian, but in many it is not. In Great Britain, 
France, Prussia, Grermany, Belgium, Holland, Bavaria, Saxony, Aus- 
tria, Norway, Sweden, and Switzerland, more or less religious instruc- 
tion is given in the public schools ; and even in Russia it is a national 
maxim, that " religious teaching constitutes the only solid foundation 
of all useful instruction." 

No more enlightened statesman, or abler advocate for religious in- 
struction in public schools, has appeared in any age or country than 
the celebrated M. Guizot, who has repeatedly been chosen as the 
Minister of Public Instruction in France. In addressing the French 
Chambers, while discussing his scheme of primary education for 
France, he said : " You have admitted moral and religious instruc- 
tion as an essential part of primary education ; but, gentlemen, moral 
and religious instruction is not like a reading lesson, or a question in 
arithmetic, to be gone through at a particular hour, and then laid 
aside. Moral and religious instruction is a work of all hours and all 
times. The atmosphere of a school ought to be moral and religious, 
and this is the only condition on which you can have moral and re- 
ligious instruction in your schools. Children reach the age in which 
the sciences are to be studied, but in Primary Schools if you lay not 
a foundation of morality and religion, you build upon the sand. Does 
not the teacher open and close the school with prayer ? In teaching 
the children to read, is it not in the Catechism ? In teaching them 
History, is it not that of Scripture ? In a word, religious instruc- 
tion is mingled with aU the proceedings at all hours, in a Primary 
School. Take heed of a fact, which was never so brightly apparent 
as at this day : Intellectual culture, if accompanied by moral and re- 
ligious culture, produces ideas of order, and of submission to the laws 
and becomes the basis of the greatness and prosperity of society. In- 
tellectual culture alone, not so accompanied, produces principles of in- 
subordination and disorder, and endangers the social compact." 
Elsewhere speaking of his Bill, he observed : "By moral and reli- 
gious instruction, it provides for another class of wants quite as real 
as the others, and which Providence has placed in the hearts of the 
poorest, as well as of the richest, in this world, for upholding the dig- 
nity of human life and the protection of social order." Speaking of 
15 



114 MORAL AND RELIGIOUS INSTRUCTION. 

the teacher, and his high and important mission, he remarked : 
"Nothing can supply for you, the desire of faithfully doing what is 
right. You must be aware, that, in confiding a child to your care, 
every family expects that you will send him back an honest man ; the 
country, that he will be made a good citizen. You know that virtue 
does not always follow in the train of knowledge ; and that the lessons 
received by children might become dangerous to them, were they ad- 
dressed exclusively to the understanding. Let the teacher, therefore, 
bestow his first care on the cultivation of the moral qualities of his 
pupils. He must unceasingly endeavor to propagate and establish 
those imperishable principles of morality and reason — without which, 
universal order is in danger ; and to sow in the hearts of the young 
those seeds of virtue and honor, wliich age, riper years, and the pas- 
sions, will never destroy. Faith in Divine Providence, the saored- 
ness of duty, submission to parental authority, the respect due to the 
laws, to the King, and to the rights of every one — such are the sen- 
timents which the teacher will strive to develop." 

Professor Stowe, in his Report on Elementary Instruction in Eu- 
rope, remarks : "In regard to the necessity of moral instruction and 
the beneficial influence of the Bible in schools, the testimony was no 
less explicit and uniform. I inquired of all classes of teachers, and 
men of every grade of religious faith, instructors in common schools, 
high schools, and schools of art, of professors in colleges, universities 
and professional seminaries, in cities and in the country, in places 
where there was a uniformity, an J in places where there was a di- 
versity of creeds, of believers and unbelievers, of rationalists and en- 
thusiasts, of Catholics and Protestants ; and I never found but one 
reply, and that was, that to leave the moral faculty uninstrueted was 
to leave the most important part of the human mind undeveloped, and 
to strip education of almost every thing that can make education val- 
uable ; and that the Bible, independently of the interest attending it, 
as containing the most ancient and influential writings ever recorded 
by human hands, and comprising the religious system of almost the 
whole of the civilized world, is in itself the best book that can be put 
into the hands of children to interest, to exercise, and to unfold their 
intellectual and moral powers. Every teacher whom I consulted, re- 
pelled with indignation that moral instruction is not proper for 



MORAL AND RELIGIOUS INSTRUCTION. 115 

sehoolfl ; and spurned with contempt the allegation, that the Bible 
oancot be introduced into common schools without encouraging a sec- 
tarian bias in the matter of teaching ; an indignation and contempt 
which I believe will be fully participated in by every high-minded 
teacher in Christendom.'' 

Professor Sxows, speaking of the German teacher, observes : — ■ 
" Sometimes he calls the class around him, and relates to them in his 
own language, some of the simple narratives of the Bible, or reads it to 
them in the words of the Bible itself, or directs one of the children 
to read it aloud ; and then follows a friendly, familiar conversation, 
between him and the class respecting the narrative ; their little 
doubts are proposed and resolved, their questions put and answered, 
and the teacher unfolds the moral and religious instruction to be 
derived from the lesson, and illustrates it by appropriate quotations 
from the didactic and preceptive parts of the Scriptures. Sometimes 
he explains to the class a particular virtue or vice, a truth or a duty ; 
and after having clearly shown what it is, he takes some Bible nar- 
rative which strongly illustrates the point in discussion, reads it to 
them, and directs their attention to it, with special reference to the 
preceding narrative." 

"Nothing," says Horace Mann, " receives more attention in the 
Pmesian schools than the Bible. It is taken up early and studied 
systematically. The great events recorded in the Scriptures of the 
Old and New Testament ; the character and lives of those wonderful 
men, who, from age to age, were brought upon the stage of action, 
and through whose agency the future history and destiny of the race 
were to be so much modified ; and especially, those sublime views of 
«kity and of morality which are brought to light in the Gospel, these 
are topics of daily and earnest inculcation in every school. To these 
in Bome schools, is added the history of the Christian religion, ia 
connection with contemporary civil history. So far as the Bible les- 
sons are concerned, I can ratify the strong statements made by Prof. 
Stowe, in regard to the absence of sectarian instruction, or endea- 
7wsat proselytism." 

Lord Brougham, in pleading for a system of national educatiou. 
for England, exclaimed : " Shall we, calling ourselves the friends to 
bwman improvement, balance any longer upon some party interest, 



116 MORAL AND RELIGIOUS INSTRUCTION. 

some sectarian punctilio, or even some refined scruple, v^hen tlie means 
are within our reach to redeem the time, and to do that which is 
most blessed in the sight of God, most beneficial to man ? Or shall 
it be said, that between the claims of contending factions in Church 
or in State, the Legislature stands paralyzed, and puts not forth its 
hand to save the people placed by Providence under its care, lest offence 
be given to some of the knots of theologians who bewilder its ears 
with their noise, as they have bewildered their own brains with their 
controversies ? Lawgivers of England ! I charge ye, have a care ! 
Let us hope for better things. Let us hope it through His might 
and under His blessing who commanded the little children to be 
brought unto Him, and that none of the family of mankind should be 
forbidden ; of Him who has promised the choicest gifts of His 
Father's kingdom to those who in good earnest love their neighbors 
as themselves." 

Hon. J. B. Meilleur, late Superintendent of Education for Low- 
er Canada, thus remarks in his last Annual Report : "As the moral 
and religious department of education has become matter of discus- 
sion, and some have proposed that we should limit our teaching in 
our schools to the ordinary acquirements of science, without troub- 
ling ourselves with religious education, I consider it my duty to pro- 
test in this place against the fatal tendency of such a system. The 
aim of education is to render men perfect, and to qualify them to ful- 
fill their duties towards Grod, towards their families, towards society, 
and towards themselves. Every system of education having a dif- 
ferent object would be subversive of the great principles on which 
society is based, and without which a nation could never become strong, 
or great or prosperous. Every system of national education ought 
to be, above all, moral and religious, and without this we could not 
have a well-ordered society." 

Washington, in his Farewell Address to the American People, 
has left us this noble testimony in favor of Religion and and Moral- 
ity : " Of all the dispositions and habits, which lead to political 
prosperity, Religion and Morality are indispensible. In vain would 
that man claim the tribute of patriotism, who should labor to subvert 
these great pillars of human happiness, these firmest props of the 
duties of men and citizens. The mere politician, equally with the 



MORAL AND RELIGIOUS INSTRUCTION. 117 

pious man, ought to respect and to cherish them. A volume could not 
trace all their connexions with private and public felicity. Let it 
simply be asked, where is the security for property, for reputation, 
for life, if the sense of religious obligation desert the oaths, which 
are the instruments of investigation in courts of justice ? And let 
us with caution indulge the supposition, that morality can be main- 
tained without religion. Whatever may be conceded to the influence 
of refined education on minds of peculiar structure, reason and ex- 
perience both forbid us to expect, that national morality can prevail, 
in exclusion of religious principle. It is substantially true, that vir- 
tue or morality is a necessary spring of popular government. The 
rule, indeed, extends with more or less force to every species of free 
government. Who, that is a sincere friend to it, can look with in- 
difference upon attempts to shake the foundation of the fabric ? Pro- 
mote, then, as an object of primary importance, institutions for the 
general diffusion of knowledge." 

The profound intellect of Daniel Webster, was especially 
directed to the connection of the Bible and Christianity with educa- 
tional institutions, as may be seen by the following extracts from his 
masterly argument in the Girard College case in the Supreme Court 
of the United States: " I maintain," said Webster, "that, in any 
institution for the instruction of youth, where the authority of (xod 
is disowned, and the duties of Christianity derided and despised, and 
its ministers shut out from all participation in its proceedings, there 
can no more be charity, true charity, found to exist, than evil can 
spring out of the Bible, error out of truth, or hatred and animosity 
come forth from the bosom of perfect love. * * * * 

" The ground taken is, that religion is not necessary to morality; 
that benevolence may be insured by habit, and that all the virtues 
may flourish, and be safely left to the chance of flourishing, without 
touching the waters of the living spring of religious responsibility. 
With him who thinks thus, what can be the value of the Christian 
revelation ? So the Christian world has not thought ; for by that 
Christian world, throughout its broadest extent, it has been, and is, 
held as a fundamental truth, that religion is the only solid basis of 
morals, and that moral instruction not resting on this basis is only & 
building upon sand. And at what age of the Christian era have 



118 MORAL AND RELIGIOUS INSTRUCTION. 

i-hose who professed to teach the Christian religion, or believe in ite 
authority and importance, not insisted on the absolate necessity of 
inculcating its principles and its precepts upon the minds of the 
young? In what age, by what sect, where, when, by whom, has re- 
ligious truth been excluded from the education of youth ? Nowhere ; 
never. Everywhere, and at all times, it has been, and is, regarded 
as essential. It is the essence, the vitality, of useful instruction. 

"Mr. GriRAED says that there are such a multitude of sects and 
such diversity of opinion, that he will exclude all religion and all ite 
ministers, in order to keep the minds of the children free from clash- 
ing controversies. Now, does not this tend to subvert all belief in 
the utility of teaching the Christian religion to youth at all ? Cer- 
tainly, it is a broad and bold denial of such utility. To say that 
the evil resulting to youth from the differences of sects and creeds 
overbalances all the benefits which the best education can give them, 
what is this but to say that the branches of the tree of religiouB 
knowledge are so twisted, and twined, and commingled, and all run so 
much into and over each other, that there is therefore no remedy but 
to lay the axe at the root of the tree itself? It means that, and 
nothing less ! Now. if there be anything more derogatory to the 
Christian religion than this, I should like to know what it is. In 
all this we see the a+tack upon religion itself, made on its ministers, 
its institutions, and its diversities. And that is the objection urged 
by all the lower and more vulgar schools of infidelity throughout the 
world. In all these schools, called schools of Rationalism in Grerma- 
ny, Socialism in England, and by various other names in various 
countries which they infest, this is the universal cant. The first 
step of all these philosophical moralists and regenerators of the hu- 
man race, is to attack the agency through which religion and Chris- 
tianity are administered to man. But in this there is nothing new 
or original. We find the same mode of attack and remark in Painb's 
* Agre of Reason." We find the same view in Volney's ' Ruins of 
Empires.' * * * 

" But this objection to the multitude and differences of sects is 
but the old story, the infidel argument. It is notorious that there 
are certain great religious truths which are admitted and believed 



MORAL AND RELIGIOUS INSTRUCTION. 119 

by^all Christians. All believe in the existence of a Grod. All be- 
lieve in the immortality of the soul. All believe in the responsibili- 
ty, in another world, for our conduct in this. AU believe in the 
divine authority of the New Testament. Dr. Paley says that a 
single word from the New Testament shuts up the mouth of human 
questioning, and excludes all human reasoning. And cannot all 
these great truths be taught to children without their minds being 
perplexed with clashing doctrines and sectarian controversies? Most 
certainly they can. * * * 

'' But, it is asked, what could Mr. Girard have done? He could 
have done as has been done in Lombardy by the Emperor of Austria, 
as my learned friend has informed us, where, on a large scale, the 
principle is established of teaching the elementary principles of the 
Christian religion, of enforcing human duties by divine obligations, 
and carefully abstaining in all eases from interfering with sects or 
the inculcation of sectarian doctrines. How have they done in the 
schools of New England ? There, as far as I am acquainted with 
them, the great elements of Christian truth are taught in every 
school. The Scriptures are read, their authority taught and en- 
forced, their evidences explained, and prayers usually offered. 

" The truth is, that those who really value Christianity, and be- 
lieve in its importance, not only to the spiritual welfare of man, but 
to the safety and prosperity of human society, rejoice that in its rev- 
elations and its teachings there is so much which mounts above con- 
troversy, and stands on universal acknowledgment. While many 
things about it are disputed or are dark, they still plainly see its 
foundation and its main pillars ; and they behold in it a sacred 
structure, rising up to the Heavens. _They wish its general princi- 
ples, and all its great truths, to be spread over the whole earth. — 
But those who do not value Christianity, nor believe in its impor- 
tance to society or individuals, cavil about sects and schisms, and 
ring monotonous changes upon the shallow and so often refuted ob- 
jections founded on alleged variety of discordant creeds and clashing 
doctrines." 

Nearly aU our Legislative Assemblies, and successive sessions of 
Congress, have, from Colonial days to the present, so far recognized 
a superintending Providence as to open their daily sessions with 



120 MORAL AND RELIGIOUS INSTRUCTION. 

prayer. What could be more befitting both teacher and scholars, in 
their ardous and important avocations, than to unite, at the com- 
meneement of their daily toils, in reading a portion of the Sacred 
Scriptures, repeating the memorable prayer of our Lord and Savior, 
or otherwise humbly invoking the blessings of the Most High. 

"At the meeting of the first Congress," says Webster, " there 
there was a doubt in the minds of many of the propriety of opening 
the session with prayer ; and the reason assigned was, as here, the 
great diversity of opinion and religious belief. At length Mr. Sam- 
uel Adams, with his gray hairs hanging about his shoulders, and 
with an impressive venerableness now seldom to be met with, (I sup- 
pose owing to the difference of habits), rose in that assembly, and, 
with the air of a perfect Puritan, said that it did not become men, 
professing to be Christian men, who had come together for solemn 
deliberation in the hour of their extremity, to say that there was s© 
wide a difference in their religious belief, and they could not, as one 
man, bow the knee in prayer to the Almighty, whose advice and as- 
sistance they hoped to obtain. Independent as he was, and an ene- 
my to all prelacy as he was known to be, he moved that the Rev. Mr= 
Dtjche, of the Episcopal Church, should address the Throne of Grace 
in prayer. And John Adams, in a letter to his wife, says that he 
never saw a more moving spectacle. Mr. Duche read the Episcopal 
service of the Church of England, and then, as if moved by the oc- 
casion, he broke out into extemporaneous prayer. And those men, 
■who were then about to resort to force to obtain their rights, were 
moved to tears ; and floods of tears, Mr. Adams says, ran down the 
cheeks of the pacific Quakers who formed part of that most interest- 
ing assembly. Depend upon it, where there is a spirit of ChristiaA- 
ity, there is a spirit which rises above forms, above ceremonies, in- 
dependent of sect or creed, and the controversies of clashing doc- 
trines." 

How replete with practical wisdom and good sense were the remarks 
of the illustrious Franklin, in the Federal Convention for the for- 
mation of our Constitution, pleading for prayer at the opening of 
each daily session . " Groping, as it were, in the dark," said Frank- 
lin, '* to find political truth, and scarce able to distinguish it when 
presented to us, how has it happened, Sir, that we have not hitherto. 



MORAL AND RELIGIOUS INSTRUCTION. 121 

«nce thought of humbly applying to the Father of Lights, to illu- 
minate our understandings ? In the beginning of the contest with 
Great Britain, when we were sensible of danger, we had daily prayer 
in this room for the Divine protection. Our prayers, Sir, were 
heard, and they were graciously answered. All of us who were en- 
gaged in the struggle must have observed frequent instances of a 
superintending Providence in our favor. To that kind Providence 
we owe this happy opportunity of consulting in peace on the means 
of establishing our future national felicity. And have we now for- 
gotten that powerful friend ? Or do we imagine that we no longer 
need his assistance '? I have lived, Sir, a long time, and the longer 
Hive, the more convincing proofs I see of this truth — that Ood gov- 
erns in the affairs of men.'''' 

In discussing a subject of this character, many other high author- 
ities might easily be cited in favor of the use of the Bible, and of 
moral and religious instruction in public schools, and of the peculiar 
propriety of opening their daily sessions with prayer — and all thig, 
without necessarily having the least connection with sectarianism.— 
Enough, I trust, on these points, has already been adduced. With 
the weighty opinion of a Washington, a Franklin, an Adams, a 
Jefferson, a Burke, a Brougham, a Webster, a Stowe, and a 
Mann, among Protestants, and of a Gtuizot, andaMEiLLEUR, among 
the enlightened educators of Catholic countries, together with the 
almost universal experience of this country, and my own personal 
observation of nearly forty years, I am unwilling to believe that any 
other than the happiest results would be likely to follow a discreet, 
un-sectarian use of the Bible in public schools, the inculcation of 
moral duties and obhgations, and the opening of daily sessions of 
school with prayer. 

A recognition of Grod as ruling in the affairs of men is substan- 
tially found in the Declaration of Independence, in the Constitution 
of the United States, and the Constitution of Wisconsin. Christian- 
ity is everywhere incorporated in the law of the land. It is recog- 
iiized by Congress and by State Legislatures, and by the laws they 
enact, as well as by aU our Courts of Judicature. The recognition 
of the Christian Sabbath, and of the religious obligations of oaths, 
tte incorporation of so many of the laws of Grod, as recorded in the 
16 



122 MORAL AND RELIGIOCTS INSTRUCTION. 

Bible, into tiie fuudamental laws of the land, aad the univertial res- 
pect paid to religion and religious observances, all tend to prove tb«t 
the Bilenfc, yet all-powerful, influences of Christianity are indissolublj 
interwoven in our laws, and pervade all classes of society. That 
God governs in the affairs of men, was the deep conviction of the 
eminent philosopher, Fkanklin ; and in every thoughtM human 
heart there is an intuitive acquiescence in the truth of this proftmnd 
remark. 

" There is nothing," BSbjs Webstbb,, •" that we look for with more 
certainty than this general principle, that Christianity is part of the 
law of the land. This was the case among the Puritans of New 
England, the Episcopalians of the Southern States, the Pennsylvaaia 
Quakers, the Baptists, the mass of the followers of Whitfield and 
Wesley, and the Presbyterians ; all brought and all adopted this 
great truth, and all have sustained it. And where there is any re- 
ligious sentiment among men at all, this sentiment incorporates itsetf 
with the law. Every thing declares it. The massive cathedral of 
the Catholic ; the Episcopalian church, with its lofty spire pointiag 
heavenward ; the plain temple of the Quaker ; the log church of the 
hardy pioneer of the wilderness : the mementoes and the memorials 
around and about us; the consecrated grave-yards, their tomb-stonee 
and epitaphs, their silent vaults, their mouldering contents ; all attest 
it. The dead prove it as loell as the living. The generation that 
are gone before speak to it, and pronounce it irom the tomb. We 
feel it. All, all proclaim that Christianity, general, tolerant Chris- 
tianity, Christianity independent of sects and parties, that Christi- 
anity to which the sword and fagot are unknown, general, toleraat 
Christianity, is the law of the land.'" 

If it be true, then, that Christianity pervades all the ramifications 
of society, why should we wish alone to exclude it from the nurseries 
of education? It has been decided by the Vice Chancellor, in the 
highest court of England, that " Courts of equity, in this country, 

WILL NOT SANCTION ANT SYSTEM OF EDUCATION IN WHICH BELIGION 

IS NOT INCLUDED.'' Franklin Said to Paine, when advising against 
the publication of his infidel works, ' ' DonH unchain the tiger ! If 
men are so bad with all the restraining influences of the Christian re- 
ligion, what would they be without them ! " Jefferson remarked 



MOKAL AND RELIGIOUS INSTRUCTION. 123 

to Webster, -•' Bubkk never uttered a more important truth, than 
when he exclaimecl that a religious education was the cheapest defense 
of natiens." A prominent secular newspaper of our country, the New 
York Courier & Enquirer, recently remarked: " It will not be de- 
nied by any man, whether religious or otherwise, that the effect of 
personal religion upon the individual — and as a necessai'y result, upon 
society, which is but an aggregation of individuals — is in the highest 
degree happy, important, and desirable. In the allaying of unruly 
passions, the amelioration of selfishness, the uprooting of immorality 
and vice, the security of life and property, the steadying of trade, the 
increase of industry — all these upon motives far higher and more re- 
liable than any mercenary ones — its advantages are palpable, and are 
admitted on every side." 

Shall it ever be deemed a sacrilege — a desecration of the noble and 
holy purposes of education — a blighting injury to the morals of our 
beloved children, to permit the teachers in the public schools of Wis- 
consin to read a portion of the Sacred Scriptures, offer a prayer in- 
voking the blessing of Grod upon their labors and the efforts of the 
children committed to their charge, or repeat the Lord's Prayer, all 
beautiful, as it is, in its simplicity and adaptation to the wants of 
all ; ©r impress upon their young and susceptible minds those incom- 
parable teachings, derived from the Bible, touching their moral duties 
to their parents, to each other, to society, and to God ? I confess I 
cannot conceive how there could be any reasonable objection, any pos- 
sible harm, in all this — untinctured with sectarianism as it would and 
should be ; but, on the contrary, enduring good, in my opinion, would 
be the inevitable consequence. 

There could be no more beautiful spectacle, none more truly en- 
nobling, than a teacher inculcating and enforcing moral duties upon 
the young — love to parents, brothers, sisters, companions — love to the 
race of man, and love to the Griver of all good ; love of country, truth, 
honesty and virtue — charity to the poor and unfortunate, and kind- 
ness to the brute creation ; — in a word, pressing upon their attention 
those foundation principles which alone can make them good children, 
good men, good women, and good citizens. And such instructions 
can be imparted by the judicious teacher at suitable opportunities, 
without ever for a moment trenching on sectarian-peenliarities. 



124 MORAL AND RELIGIOUS IIJSTRUCTION. 

Such is the abiding conviction, and such the practices of the civil- 
ized world. I am sure that the people of Wisconsin, who are gener- 
ally conceded to possess as much virtue and intelligence as the citi- 
zens of any of their sister States, would never consent to utterly ban- 
ish the Bible from their schools, and thus virtually repudiate its un- 
equalled teachings of virtue and [morality as unfit for the instruction 
and guidance of the children of their love — children who, at no dis- 
tant day, must become the rulers and law-givers of the^State, and 
the custodians of all that we now hold dear and sacred, our homes, 
our country, Christianity and the Bible. 

I would not force the attendance of scholars, against their parents' 
or guardians' will, on the exercises of reading the Scriptures and 
offering prayer. The conscientious scruples of men are always de- 
serving of respect ; and no School Board, or liberal community, 
would wish to be arbitrary or overbearing in matters of conscience. 
In all such differences of opinion, there are necessarily two parties, 
and each have their rights ; and these should be equally respected, 
so far as it is possible to do so. Where there are any honest objee- 
tions to such exercises — and the School Board should be the judge 
in such cases — then it might be advisable to have these exercises 
conducted a little before the regular hour for opening the school, as 
I learn has been the case in the Watertown schools, or if in school 
hours, that such scholars might be permitted to retire ; so that the 
children and wards of parents and guardians conscientiously object- 
ing to their attendance on these exercises, might not be compelled to 
be present. 

If a majority of the School Board prefer to have the common ver- 
sion of the Bible read in school, it is their right to claim their prefe- 
rence ; if a majority prefer to have the Douay or Catholic edition read, 
it is their equal right to have it — but, in a matter of this kind, the 
Board in fairness and justice should faithfully represent the wishes 
of the district. But let the Bible be read, whatever be the version, 
reverently and impressively, and the blessing of the G od of the Bi- 
ble will never fail to attend it. 

If the teacher sees proper, with the consent or approval of the 
School Board, to make remarks to his school of a moral character 
and application, he should be extremely cautious, and not travel out 



MORAL AND RELIGIOUS INSTRUCTION. 125 

of his way to lug in any thing that could, even by the most fastidi- 
ous, be construed into a sectarian tendency. Such conduct would be 
bigoted, uncalled for, and unjustifiable — a direct infringement of the 
Constitution, and a violation of all confidence reposed by the district 
in the judgment and propriety of the teacher ; and would, in my 
opinion, be sufficient cause for his dismissal. 

Thousands and tens of thousands of judicious teachers, in the Old 
World and the New, constantly impart moral instruction to their pu- 
pils, without ever once obtruding, or desiring to obtrude, their views 
or opinions upon religious tenets or sectarian differences. I should 
have no fear of any such narrow-minded obtrusions, and violation of 
good faith, in the teachers of Wisconsin ; while, on the other hand, 
to carry out the true spirit of moral instruction, on all suitable oc- 
casions, devoid of all sectarian tendencies, would, beyond all question, 
make the most enduring beneficial impressions. It would be folly, 
nay worse than folly, to say that no moral instruction whatever 
should be given in our public schools. It is done every day, in every 
school of the land — for nearly every test-book, from the primary 
reader to the higher works on philosophy, geology, and intellectual 
science, convey very properly more or less moral instruction, and 
none think of branding them as sectarian. 

But, you may ask, may not a majority of the School Board, if 
they see fit, utterly refuse to tolerate the Bible, prayer, and moral 
instruction in the public school ? We might obstinately and insane- 
' ly refuse food for our perishing bodies, as well as for our craving im- 
mortal minds, but we should only spite and injure ourselves by so 
rash and suicidal an act. I have no doubt the Board might legally 
thrust the Bible from the school-house, and stifle the voice of prayer, 
for these are not among the studies specially prescribed by law ; but 
they may very properly be regarded as among the "such other 
branches of education^as may be determined upon by the Board," as 
the law allows, if the Board think proper to include them. The 
District Board, too, under the advice of the Superintendent of Pub- 
lic Instruction, have power to determine the text-books to be used ; 
and I should ever feel bound to regard with special favor the use of 
the Bible in public schools, as pre-eminently first in importance 



126 MORAL ABB RELIGIOUS INSIHUCTION. 

anflong text-books for teaching the noblest principles of virtue, i!XK»- 
ality, patriotism, and good order— love and reverence for God— chai- 
ity and good will to man. 

Very respectfully, 

LYMAN C. DRAPER, 

Sup't of Pnblic Instruction. 

*^* The following was unintentionally omitted in the list of Test 
books recommended : — 

McGuffey's New Eclectic Speaker. 



APPENDIX. 



Form of notice, [to be given by the Town Superintendent to 
the Town Clerk, of the formation of a new school distinct^ 

To the Toion Clerh of the Town of .■ 



I have this day formed a new school district in the town of 



to be called " School District No, of ," of which the fol- 
lowing is a description : 

[Here mention the sections and parts of sections, or other sub- 
divisions of which such district is composed, or describe the bound- 
£iry.] Such formation will take effect on the ■ day of -, 

18— .| mm'' 

Dated this 'day of — . 18—. 

[Signed,] A. B, 

Toiur> Sujpsrintendent of Schools of the Town of . 



No. 2. 

Form of Notice, to be given by the Town Superintendents to 
the Town Clerks, of the formation of joint school distnct. 

To tlve Town Clerh of the Town of .' 

We have this day formed a new joint school district, composed <rf 

a part of the towns of and , to be called " Joint School 

Difltrict No. of and — ," of which the following i« 

the description : 

17 



130 



FORMS. 



[Here mention the sections and parts of sections, or other sub-di- 
visions of which the district is composed, or describe boundary.] 
Such formation will take effect on the day of . 18—. 

Dated this day of , 18 — . 

[Signed,] A. B. 

Town ^iLperintendent of Schools of the town of . 

E. F. 
Town Superintendent of Schools of the town of . 



-Note.— In case the district is composed of parts of more than two towns, of 
course the form must be changed to coirespond, and the notice given to the 
Clerk of each town in which any part of the district so formed is situated. 



No. 3. 

Form of Notice of the first meeting of a School District, to 
be delivered by the Town Superintendent to a taxable in- 
habitant of the district. 

To A. B., taxciMe inhabitant of School District J^o. , of : 



The Town Superintendent of Schools of the town of , hav- 
ing formed, on the day of , 18 — , a new district in said 

town, called " School District No. — , of ," of which the follow- 
ing is a description : {^Here describe the District as in Form JVo. 1.] 
You are hereby directed to notify every qualified voter of said district 
to attend the first meeting thereof, which is hereby appointed to be 

held at the house of , in said district, on the day of , 

18 — , at o'clock in the noon, by reading this notice in the 

hearing of each such voter ; or in case of absence from his place of 
residence, by leaving thereat a written notice of the time and place 
of such meeting, at least five days before the time appointed for such 
meeting. 

Dated at , this day of , 18 — . 

[Signed,] A. B., 

Toion Superintendent of Schools of the town of . 

> .JSoTJi. — If it ia a joint district, the notice must be signed by the SuperintenU- 
ent of each town in which auy part of the district lies. 



FORMS. ISI 



No. 4. 



Form of Notice of first meeting to be left at the residence ^' 
a voter when absent. 

To A. B. :— 



By direction of the Town Superintendent of the town of — ., 

you are hereby notified that the first meeting of school district Nia. 

, of , recently formed, will be held at the house of — , 

in said district, on the day of , 18~, at o'clock iia 

the noon. Your attendance is requested. 

Dated this — — ^ day of — , 18 — . 

[Signed,] G. H., 

Person appointed to give notice. 



No. 5. 

Form of Return to be ifidorsed upon notice received from 
Town Superintendent on theformation of a School DistrieL 

I hereby certify that I have notified the following named persons 
l^Here give the names in full,'\ personally, and the following namedl. 
persons [Here insert «ames, ] by copy, according to the directioE of 
the within notice. » 

Dated this day of -^ , 18—. 

[Signed,] G. H., 

Person appointed to give notice. 



No. 6. 

Form of Notice of a meeting of a School District, to be de- 
livered by the Town Superintendent, to a taxable inhabi- 
tant, in case there is no officer to call a meeting. 

To A. B., a taxable inhabitant of school district No. of — — .? 

You are hereby directed to notify every qualified voter of scfhool 

district No. , of , to attend a meeting thereof, which is 

hereby appointed to be held at the house of , in said distriot, 

on the day of , 18 — , at o'clock in the -noom, 

by reading this notice in the hearing of each such voter, or, in ease 



3i2 FORMS. 

isf absence from h'm place of residence, by leaving tliercat a written 
iB®fcice of the time and place of such meeting, at least five days before 
ibe appointed time for such meeting. The following is a descrip- 
of said district : {Here describe the district as in Form No. 1.] 

Pated this day of , 18 — . 

[Signed,] " A. B., 

Tov:n Superivfendent of Schools, of the fovm of . 



No. 7. 

#©-/',?« of acceptance of o^icc by Bhirici Officers, io be fled 
with the District Clerk. 

I hereby signify my acceptance of the office of of school 

(feitrict No. , in the town of , to which I have been elect- 

®i. {Or if appointed, say, "to which 1 have been appointed to 
ffi St vaeancy."] 

Oated this day of . 18 — . 

[Signed,] ■ OH 



No. 8. 

Form of ^otice of Annual District Meeting. 

Notice is hereby given to the qualified electors of school district 

%&. , of the town of , that the annual meeting of said 

fciriet for the election of officers and the transaction of other busi- 

aiess, will be held at , on the last Monday, being the day 

sf September, at 6 o'clock in the afternoon, {unless some other hour 
wa$ determined upon by the district at the last previous annual 
:^€€ting. ] 

Bated this dav of , 18—. 

[Signed,] " CD., 

District Clerk. 



No. 9. 

Form of Notice of Special District Meeting. 

ISotloe is hereby given to the qualified electors of school district 
ft». , in the town of , that a special meeting of said dis- 



FORMS. 13^ 

triet will be held at , on the — — day of , 18—, fer 

the following objects : \_Here particularly specify each item of bus- 
iness to be acted upon.']j 

Dated tliis — — day of — , 18 — . 

[Signed,] CD., 

District Clerk. 



No. 10. 

Form of Notice for an tddjourned District Meeting, whm; 
such meeting has been adjourned for a longer period tkmm 
one tnonth. 

Notice is hereby given, that a meeting of the qualified eleetore 

of school district No, in the town of , will be held aSL 

, in said district, on the day of — — - — , 18 — , at — — 

©'clock in the — — noon, pursuant to adjournment. 

Dated this day of , 18 — . 

[Signed,] C. D., 

District Clerk. 

IToTK. — The foregoing notices must be posted ia four prominent places im ti» 
disti'ict, one of ■which shall be the outer door of the school house, ■wheneyertfeeasf 
ia oae in the district. 



No. 11. 

Form of Certificate to be given by the Town Superintendtrd 
in cases where a larger sum than j^500 is necessary to build 
a School House. 



I hereby certify that it is my opinion that the sum of 

should be raised in school district No. — — of the town of —^ 

for the purpose of building {Jiiring or purchasing'] a school homsig 
for said district. 

Dated this day of , 18 — . 

[Signed,] A. B., 

Town Superintendent of Schools of the town of — — - 

If otB-— In case of a joint district, the certificate should be made and sigocrf 
by a majority of the Superintendents of the towns in which such district is ffliiJU 
«ated. 



[34 FORMS. 



No. 12. 

Form of Notice to be given by the Clerk of a School 
District Meeting, to the Officers elect who tvere not 'present 
at the meeting. 

f^ : 

You are hereby notified that at a meeting of school district No. 
in the town of , held on the day of , 18 — , 



fou wero duly elected of said district. 

Bated this day of , 18—. 

[Signed,] C. D., 

Glerk of said meeting. 

JToTE — This notice is required to be given within five days after the meet- 
ing, and only to tliose persons elected who were not present at the time. 



No. 13. 

Form of Refusal to accept District Office, to be filed with the 
Clerk of the District. 

To the Clerk of school district No. in the town of : 



¥ou are hereby notified of my refusal to accept the office of — , 

to which I was elected at the meeting of said district held on the 

iskj of , 18 — . 

Dated this day of . 18 — . 

[Signed,] a. H. 

Mote. — This notice of refusal must be filed within ten dajs after the election, 
(W the person will be deemed to have accepted the office, and be liable to fine 
:4>r non-performance of duty. 



No. 14. 

.Form of Order on Treasurer for Moneys to be disbursed by 
School District. 

To A. B., Treasurer of School District iVb. in the town of ; 

Please pay to the sum of dollars out of 

ssny money in your hands, not appropriated, belonging to said district. 

Dated this day of- , 18 — . 

[Signed,] C. D., District Glerk. 

Cr. H,, Director. 



FORMS. 135 



No. 15. 



Form of ^Intmul Report to be submitted by District Treas- 
urer to Annual Meeting. 

I, A. B., Treasurer of school district No. in town of ■ — , 



submit the following report to the annual meeting of said district, of 

all moneys received and disbursed by me since the last annual 

meeting ; 

Amount received from my predecessor -. $10 00 

'■' " " Town Superintendent Y5 00 

" raised by tax in district, and received 300 00 

Total received $385 00 

I have paid out, 
On order of I 

" do 

'■ do 



iet Clerk, Dec. 3d, 


IS- 


$20 00 


do Jan. 10th, 


IS— 


40 00 


do Feb. 1st, 


18— 


10 00 


do Feb. 27th, 


IS- 


55 00 


do May 10th, 


IS— 


80 00 


do June 11th. 


18— 


, 170 00 



- $375 00 



do 
do 



Leaving a balance on hand of 

The taxes assessed upon the taxable property of the district during 
the year have been — 

For building a school house $250 00 

" fuel. „ 10 00 

" black board ._ 5 00 

' ' outline maps 15 00 

" teacher's wages 20 00 



$300 00 



All of which is respectfully submitted. 
Dated this day of September, 18 — . 

[Signed,] A. B., 

Treasurer of district Ko. , of the town of- 



K'oTE. — The report should simplj state the facts as required by law, aud the 
aboye form may be of some aid in arranging the items of the report. The final 
report of the Tieasui'er should show «/^ the moneys which have come into his 
hands during the term of his office, with the total disburseraents,, and should be 
in the same form as his annual reports. 



136 FOEMg. 



No. 16. 

Form of Bond of District Treasure-r to be filed with the 
District Clerk. 

Know all men by these presents, that wc, E. E.. Treasurer of 

school district number of the to^vn of— , and L. M., hie 

surety, are held and firmly bound unto said school district in the suns 
of \Jiere insert a sum of double the amount to come into the Treamrer^s 
hands as near as can be ascertained'] to be paid to the said school dis- 
trict, for the payment of which, well and truly to be made, we bind 
ourselves, our heirs, executors and administrators, jointly and sever- 
ally, firmly by these presents. Sealed with our seals, and dated i\Af 
day of , A. D., 18—. 

The condition of the above obligation is such that if the said E. 
F., Treasurer as aforesaid, shall faithfully discharge the duties of his 
ofiBce as Treasurer of said school district, and shall well and truly pay 
over to the person or persons entitled thereto, upon the proper order 
therefor, all sums of money which shall come into his hands as Treas- 
urer of said district, and shall, at the expiration of his term of office, 
pay over to his successor in office all moneys in his hands remaining 
as Treasurer aforesaid, and shall deliver to his siiccessor all bookfi 
and papers whatever, appertaining to his said office, then this obliga- 
tion shall be void, otherwise of full force and virtue. 

Signed, sealed and delivered in ) E. S. [Seal.] 

presence of K. S. } L. M. [Seal.] 

G. H. } 

Form, of ^rlpproval to be indorsed on the Bond of Treasur&r 

We approve of the within bond and surety. 

[Signed.] G. H. 

Director, 
CD., 
Cl&rh. 

NoTB, — The same form of bond will answer for iLe Towd Superintendent "ey 
Making the proper changes, which will readilv he noticed. 



No. 17. 

Form of Contract between District and Teacher. 

It is hereby agreed between school district number of tltie 

town of , and L. M., a qualified teacher of the town of , 

that the said L. M. is to teach the common school of said dietrict f«r 



FORMS. 137 

the term ol montlis, (counting 22 days as a month, excepting 

the usual holidays,) for the sum of dollars per , {week or 

month as the case may be,"] commencing on the day of , 

18 — , and for such services, properly rendered, the said district is to 
pay to the said L. M. the amount that may be due, according to this 

contract, on or before the day of- . 18 — . 

Dated this day of ■ — , 18 — . 

[Signed,] C. D. 

District Clerk, 

L. M., 
Teacher. 

I^OTE. — The Director or Treasurer, or both, are to indorse this contract ns fol- 

I [or we'} ccQseMt to the within contract. 

G. H., Director', or 

E. P., Tieasiirer, [or hoth.\ 



No. 18. 

Form of Annual Report of the Clerk of a School District to 
Town Superintendent. 

Animal Report of the Clerk of School District No. , of the towft 

of , for the year ending August 31st, 18 — . 

No. of male children residing in district over the age of four, 
and under the age of twenty years, 26 

No. of female children residing in district over the age of 
four, and under the age of twenty years, 24 

Total number of children residing in district over the age 

of four, and under the age of twenty years 50 

Note. — If a Joint District, be particular to return only the children in one 
town to one Town Superintendent, and those in the other to the other Towiji 
Superintendent. 

No. of children over four and under twenty years of age, 
who have attended school 45 

No. of children under four years of age who have attended 
school _ _ o 

No. of children over twenty years of age who have attended 
school _ 4 

Total number who have attended school during the year. . 52 

IS 



138 FORMS. 

No. of mouths a sehool lias been, taught by Air. , a 

qualified teacher .._..., ; 4 

No. of months a sehool has been taught by Miss , a 

qualified teacher _. 3 

Total number of months a school has been taught by a qual- 
ified teacher 7 

Wages per month paid Mr. , ^15 50 

Wages per month paid Miss , 8 50 

Average number of months scholars over the age of four 
and under the age of twenty years, have attended school 
during the year 6 

Amount of school money received from the Town 

Superintendent within the year $67 50 

Amount of library money received from Town Su- 
perintendent within the year .... 7 50 

Total amount received from Town Superintendent, $75 00 

Amount raised by tax for teachers' wages . $20 00 

■' fuel 10 00 

" '• " " black-board and maps . . 20 00 

. " ■' '• ■• building school house. - 250 00 

'' library books 00 00 

[Here state the amount raised for any other purpose 
allowedly lato.l 

Total amount raised by tax during the year 300 00 

Amount received from other sources . . 100 00 

Total amount in treasury during the year 375 00 

Amount expended for teachers' wages 87 50 

'^ fuel 10 00 

'• " building sehool house . 250 00 

'' " black board and maps 20 00 

" library books... 7 50 

Total amount of expenditures $375 00 

Amount remaining unexpended 00 00 

$375 00 

Total amount of district debts at date of report $8 50 

Amount due to district from unpaid taxes at date 

of report IS 50 

Amount of library fines collected $3 50 

Amount of library fines expended in repairing and 

replacing books ^3 00 

Amoxmt of library fines unexpended 50 

$3 50 



FORMS. 139 

Whole ntimber of volumes in library 150 

" " purchased during the year 12 

" '• presented during the year 6 

" '• loaned during the year, (^counting 

each volume one for each time it is loaned, ) 120 

The text books used in schools are as follows : 

Spellivc/ BooJcs — National, McGruffey's 
Reading Books — National, McGruffey's 
Geography — Monteith & McNally's, Warren's. 
Arithmetic — Davies', Ray's. 

Grammar — Greene's Elements of English Grrammar, Clark's. 
" McEUigot's Young Analyzer. 

School house, (^state whether it is a log, brick, stone or framed.^ 
Value of school house $250 00 

Site (more or less^ than one acre. 
Inclosed, or not inclosed. 
School has (one^ black-board. 
( One} set of out line maps. 

I hereby certify that the above is a correct statement of the facts 
required to be reported : that a common school has been taught in 
this district, during the past year, for l_seven^ months, by a quali- 
fied teacher, and that the library regulations have been complied 
with; 

[Signed] 0. D., 

Glerk of school district No. , 

of the town of — , 

Dated at . vSeptember 1st, 18—. 



140 



J0RM8. 



r^ 






05 



!2; 



u *^ 





-'9-. ■< 


^ 


^^ 


-k* 


<B O 


•S 


^ § 


bf, 


. l" ^ 


te; 




K»i 


-iJ ' ^O 




.2 I^ 


HC 








6C 


''B 




>i 


^ 


o 


? 


-5 r 


Js 


"^oo 


,o 


V-i r-l 


k, 


O 






«t-l 


ra 


o 


t-l 


;-i 


a 


OJ 


o 


-*j 






b«i 


•^0 


c 


<i> 


Cl 


« 


a 



i 




-A'-Rpi.I,^| 


•ABiJsmiij j 


•\t!pS.)cl|M^\\| 


•ABns;)n,j 1 


•AKpaui/^'l 


•AKp.iniB^jl 


•iwpi.r^fij 


•ABpsuiqi j 


AUpS3lipi*j\\j 


•Avpsoiij 1 


•ABpilOJi^I 1 


•A'wpij^ql 


"A'Kps.miijJ 


A'BpS.JUp,)j\^| 


•ABpsanj 1 


•ABpilo|\ j 


A\!p.|iilB5i| 


•AkpujI 


•ABpsJuqj 1 


•ABpsaiipa \^ 1 


•AB])Srtt)^|J 


•AKp.l..pj| 


-i»svi 


•< 


1 



o w p 



D 
^ 


? 


oi 


s 


-a 
o 


p. 


.^. 


■:3 


1— 


-, 


^ 


























> 


c 


^ 


r a.^ 




-2* 






5 
o 




^ 


"3 


.2 


c 


l- 


5 


o 


CS 


^ 


- 


«»i 




03 
1 






o 


p" 




M 




z 


o 


w 


>—■ 






ff) 


n 


-c 






03 ^ 




^ 




Oi 




« 


c* 


a 
















«3 




sS 


C) 


o 


B 

.a 


H 


^ 


13 


.- 


P 




13 




* 


u 




c 


43 




<; 


CO 


:( 




>j s 




CO 






.: 


o 


c 


C 0) 


"^ 


5 


Q 


X 

r 
* 


o 


s 


O 


^' 


,^ 


•- 


m 


o 


■c 


u 


7> 





K ~ ^ ^ '"' 

«w "e 5' • - 

• = « £ tn 

1 ttl '^ oc .„ 

tb 33 i ^S . 



CS '<: "i! TT i> ^ 



"^ --^ 'i ti "^ O 

03 to ^""3 a 



c5 I 



^ O ^ -t^ 
_ ai ^ -a 5 CO p 

'S >-.'" ri s S? 2, 



E 



d S a. o-r-o g 
" g »- o ..-^ >..- 
S c S to 5 * 

„ 2 c S ^*' 

Hoc t>>'^ 01 ® 

^gf » ail 

25-5 po 2. 



I E-S 



FORMS. 141 



No. 20. 



Form of Statement of the Amount of Taxes voted to be rais- 
ed in a School District, to be delivered by the'Dist?'icf Clerk 
to the Toivn Clerk. 

To R. S., Town Clerk of the town of .* 



Tbe amount of taxes voted to be raised in school district No.' 



)t' the town of , at the last annual meeting of said district, 

lield on the day of September, 18 — , is ^write the amount in 

words'} dollars ; which amount you are requested to assess upon the 
taxable property therein. 

The following is a list of the names of the persons and corporations 
liable to a school district tax in said district t f_JIere insert the names 
of the persons and corporations. J 

" Dated this day of , 18—. 

[Signed,] " C. D., 

Clerk of school district No. of the town of — — . 

'Siii-E. — If the district has been lately orgauLzed and a tax was voted afc the 
dret meetinij, as well as at the annual meeting, that fiV;ouId be stated, giving, 
acTTCvcr, the whole amount of tax voted to be rais-od. 

State of Wisconl^.., , 

ss. 



County of 



NSIN, \ 



C. D., being duly sworn, oa oath says, tha'o he ia the Clerk of 

school district No. of the town of , and that the above 

statement by him made of the amount of taxes voted to be raised in 
fijaid school district, and the list of persons and corporations liable to 
a school district tax therein, arc true. 

[Signed,] ' ^ ^ C. D. 

Sworn to and subscribed before me this — — day of — — -, 18 — . 
[Signed,] " J. P., 

Justice of the Peace. 



No. 21. 

Form of Stafetyient of the amount of Taxes voted to be rais- 
ed in a Joint District, to be delivered to the Clerk of each 
Town in ivhich any part of the District is situated. 

To R. S., Town Clerk of the town of .• 

The amount of taxes voted to be raised in joint school district No. 
of the towns of and — , at the last annual meeting 



of said district, held on the day of September, 18 — , is [write 

the amount in words} dollars ; and the proportion of that amount to 
^■>€ raised in that part of said district, which lies in the town of , 



142 FORMS. 

is \_wnte the amount in words'] dollars, which you are requested to ae- 
sess upon the taxable property therein. 

The following is a list of the names of the persons and corporations 
liable to a school district tax in that part of the district lying with- 
in the town of -7 — , [^kere insert ike names of the persons and corpc- 
raiions.] 

[Signed,] C. D., 

Clerk of joint school district No. , 

of the towns of and . 

N"oxE, — Attach affidarit of tlie District Clejk Rirailar to the one given in Fovm 
No. 20. 



No. 22. 

Form of Deed for the purchase of a School House site. 

Know all men by these presents, that A. B. (^and 0. J5., his wife, 

if married,') of the town of , in the county of , in the State 

of Wisconsin, party of the first part, for and in consideration of the 

sum of dollars, to them in hand paid by the District Board of 

"School district No. , of the town of ," county of , 

and State aforesaid, the receipt whereof is hereby acknowledged, do 
hereby gi*ant, bargain, sell and convey to the said school district, 
party of the second part, and their assigns, the following described 
piece or parcel of land, namely : 

( Here insert description of land. ) 
Together with all the privileges and appurtenances thereunto belong- 
ing, To have and to hold the same to the said party of the second 
part, and their assigns, for ever ; and the said party of the first part, 
for themselves, their heirs, executors and administrators, do covenant, 
bargain and agree, to and with the said party of the second part, and 
their assigns, that at the time of the ensealing and delivery of these 
presents, they were well seized of the premises above conveyed, as of 
a good, sure, perfect, absolute and indefeasible estate of inheritance 
in the law in lee simple, and that the said lands and premises are free 
from all incumbrances whatever ; and that the above bargained prem- 
ises, in the quiet and peaceable possession of the said party of the 
second part, and their assigns, against all and every person or per- 
sons lawfully claiming, or to claim, the whole or any part thereof, the 
said party of the first part will forever warrant and defend. 

In witness whereof, the said A. B. and C. B., his wife, party of 

the first part, have hereunto set their hands and seals, this day 

of , A. D. 18—. A. B. [SEAL.] 

Signed, sealed and delivered j E. F. | C B. [seal,] 

in presence of ( Gr. H. j 

Note, — Such deed should be duly acknowledged before a Notary Public, 
Justice of the Peace or other officer authorized bj law to take such ackiiowledg- 
naent, and recorded in the office of Register of Deeds for the county. 



FORMS. 143 



No. 23. 
Form of a Lease. 



Know all men by these presents, that A. B., of the town of 



in the county of , in the State of Wisconsin, of the first part, 

for the consideration herein mentioned, does hereby lease unto ' ' School 

district No. of the town of ," county of , in the State 

aforesaid, party of the second part, and their assigns, the following 
described parcel of land : ' 

[Mere insert descrijytion of land,^ 
Together with all the privileges and appurtenances thereunto belong- 
ing : To have and to hold the same for and during the term of 

years from the day of , A. D. 18 — ; and the said party of 

the second part for themselves and their assigns, do covenant and 
agree to pay the said party of the first part for said premises the an- 
nual rent of dollars. 

In testimony whereof, the said parties have hereunto set their 

hands and seals, this day of , A. D. 18 — . 

A. B., Lessor, [seal.] 

C. D., ] District Board of School 

E. F., f District No. of the 

a. H., ) Town of , 



No. 24. 

Form of an, Appointment to fill a Vacancy in the District 

Board. 
To A. £.— : 

The office of [ Clerk] of School District No. — -, of the town of 

, having become vacant, you are hereby appointed to fill such 

vacancy until the next annual meeting in said district. 

Dated this day of , 18 — ■. 

[Signed,] Gr. H., Director, 

E. F., Treasurer. 

Note. — It requires two of the Board to make an appointment. If they neg- 
lect, for ten days, to fill the vacancy, it must be done by the Town Superin- 
tendent, after the following form. In either case the appointment must be filed 
with the District Clerk : 

To A. B. : 

The office of [ Cleric] of school district No. of the town of — —j 

having become vacant, and the District Board of said district having 
failed to fill the same within ten days, you are hereby appointed to 
fill such vacancy until the. next annual meeting of said district. 
[Signed,] ^ A. B., 

TovM Superintendent of Schools of the Town of 



144 



FORMS. 



No. 25. 

Form of Atmuul Report of Town Superintetident. 

To ike Clerk of the Board of Supervisors of the county of .' 

Annual Keporfc of the Town 8npcrintendent of schools of the 

town of , in the county of . for the year ending on the 31st 

day of August, A. D. 18 — : 

No. of school districts separately set ofi' within the town, 6 

No. of parts of joint districts in said town, 2 

No, of parts of joint districts in which the school house of such 

districts is situated within this town, 1 

No. of districts from which reports have b,een received between 

the 1st and 10th of September, 6 

No. of parts of districts from which reports have been received 
between the 1st and 10th of September, 2 

No. of months school has been taught in each of said districts 
and parts of districts, as follows : 

In school district No. 1, by a qualified teacher 6 

.- 6 

4 

3 

-- 5 





" 




' 2 




" 




3, 








4. 








i>, 








7. 


joint 


school district No 




a 




8, 



7, a part of which is in this town, . . 3 
3 



Amount of public money* received in each of such districts and 
parts of districts, as follows : 

In district Nol,. 

2, - 



4,. 
5,. 
6,. 



-- $40 

42 

35 

30 

-. 38 

42 

In part of joint district No. 7, in said town, 10 

8, " 12 

No. of children residing in each district and part of district, on 
the 31st day of August last, over the age of four, and under 
the age of twenty years, as follows : 

In district No. 1, 



2,, 
3.. 
4,. 
5,. 
6,. 



40 
42 
38 
85 
80 
42 



*By rxjBuo MONEY is meant tlse money that is received from the State and 

Town. 



FORMS. 145 

In part of district No. 7, in said town.- 10 

In part of district No. 8, in said town 12 

No. of male children residing in all of said districts and parts 
of districts, on the 31st day of August last, over the age of four 

years, and under the age of twenty years, 130 

No. oi female children residing in all of said districts and parts 
of districts, on the 31st day of August last, over the age of 

four, and under the age of twenty years, 119 

Whole No. of children residing in town over the age of four, 
and under the age of twenty years, on the 31st day of August 

last, 249 

Total No. of children over four, and under twenty years of age, 

who have attended school in said town, 245 

No. of children taught in all of said districts and parts of dis- 
tricts, under the age of four years, .-- 6 

No. of children taught in all of said districts and parts of dis- 
tricts, over the age of twenty years, ^ 15 

Average No. of months children between four and twenty years 

of age have attended school in said town, 5 

Av^age number of months schools have been taught by male 

teachers, _ - - 4 

Average number of months schools have been taught by female 

teachers, - - - B 

Average amount of wages per month paid to male teachers, — $16 
Average amount of wages per month paid to female teachers, . ^ 9 
Whole amount of money received and apportioned by me (^and 
predecessor in office, if any, ) since the date of the last annual 

report, __ $ 

Of such amount there has been received from the County 

Treasurer, (State Fund,) - — $ 

Of such amount there has been received from the Town Treas- 
urer, (town tax, )-- $ 

The manner in which such money has been expended is as fol- 
lows: 

For teachers' wages, the sum of $ 

For libraries, the sum of _ _ _ $ 

For (if for any other purpose specify the same, ) ^ 

There remains unexpended (state for what cause) the sum of. . $ 
The amount raised by tax and expended in said districts, from 
which reports have been received by me (and predecessor in 
office) since the date of the last annual report, is as follows : 

For teachers' wages, , $ 

For purchasing school house site, % 

For building, hiring, purchasing, repairing, and insuring school 

houses, (specify the amount for each,) - $ 

For fuel,.. $ 

For district libraries, % 

For (owiy other purpose alfowed by law,') $ 

19 



146 FORMS. 

The text books moet used in the schools of eaid districts, are aa 

follows : 

Spelling books — 
Reading books — 
Geography — 
Arithmetic — 
Grammar — 

The school houses in said districts are constructed of material as 

follows : 

Of stone 1 ; of brick 1 ; of logs 1 ; framed 4. 

Whole valuation of said school houses, .. $ 

Highest valuation of any school house, $ 

Lowest valuation of any school house, -. $. 

No. of school house sites containing less than one acre, 7 

" " " " not inclosed, 4 

" " without blackboard, 3 

" " " outline maps, 5 

No. of select and private schools in said town, other than incorpo- 
rated Academies, 2 

Average number of persons attending all such schools during 

the past year, as near as can be ascertained, , 80 

No. of district libraries in town, 5 

No. of joint libraries, 1 

Total number of volumes in all the libraries, 520 

No. of volumes purchased during the year, 60 

No. of volumes presented during the year, 20 

No. of volumes loaned out during the year, (counting each 

volume one for each time it is loaned, ) $ 

Amount of library fines collected 8 

" " " expended $ 

" " " remaining unexpended $ 

" " money remaining unexpended $ 

[Signed,] A. B., 

Town Superintenden t of Schools of the Town of . 

Dated at this 15th day of September, A, D. 18 — . 



FORMS. 147 



K 26, 



Form of a Certjicate to be given to a Teacher. 

I do hereby certify, that I have thoroughly examined A. B., and 
do believe that he (^or she) is qualified in regard to moral character, 
learning, and ability to teach a common school. This certificate ig 
to remain in force, unless sooner annulled, for one year from date, 
and is to be of efi"ect in this town only. 

Q-iven under my hand this day of — — , A. D. 18 — . 

[Signed,] A. B., 

Toion Superintendent of Schools for the Town of . 



No. 27. 

Form of Note annulling a Teacher^ s Certificate. 

Having inquired into certain complaints against A. B., heretofore 
licensed by certificate as a teacher of common schools in the town of 

, and being of the opinion that the said A. B. does not possess 

the requisite qualification as a teacher, in respect to moral character, 
(or " in respect to learning ;" or "in respect to ability in teaching," 
as the case may be, ) and having given at least ten days previous no- 
tice in writing, to said teacher, and to the District Board of the dis- 
trict in which said teacher is employed, of my intention so to do, I 
have annulled, and hereby do annul the said certificate and license, 
so granted as aforesaid. 

G-iven under my hand, this — — day of , 18 — . 

Signed, C. D.. 

Toivn Superintendent of Schools for the town of- . 



148 FORMS. 



No. 28. 

Form of Notice to be given to District Clerk when alteration 
of the boundaries of a District is contemjilated. 

To C. D., Glerh, of school district No. of the toicn of ; 

You will take notice that I shall be present at (Jiere mention the 
place~) on the day of , 18 — , at o'clock in the after- 
noon, to hear and decide upon certain .proposed alterations of the 
boundaries of said school district. 

Dated this day of , 18 — . 

Signed, A. B., 

Town S^iperintendcnt of Schools of the town af . 

Note. — In case of a joint district, the Superintendent of the town in which 
the school house is situated will give the notice required to the Clerk of that 
district ; and each Superintendent will give notice to the Clerk of any district 
in his town to be affected by the proposed alteration. The Clerk will immedi- 
ately notify the other memtiers of the Board, by giving them a copy of the no- 
tice serveti on him. 



No. 29. 

Form of Notice of alteration of the boundaries of a School 
District, when the District Board refuse to give their con- 
sent. 

To C. D., Clerk of School District No. of the tovm of ; 

I have made an alteration in the boundaries of school district No. 

, of the town of , as is shown by the following order by me 

made on the day of , 18 — • ^Here copy the order mak- 
ing the alteration,'] which will take effect three months from the filing 
of this notice. 

Signed, A, B., 

Town Superintendent of Schools of the toivn of . 

Note. — If the District Board indorse their consent upon the order makiiij>- 
the alteration, no further notice need be given than to file the order, so indors- 
ed, wilh the District Clerk. 



I 



FORMS. 149 



* No. 30. 

• 

Form of Order of Toivn Superintendent in awarding pro- 
portion of value of Property to neio District. 

To the District Board of scJiool district No. — of the toion of : 

Having formed a new school district, No. , of the town of 

, in part (or wholly^ from the territory of your district, I 

have ascertained and determined the proportion of value of the school 
house and other property justly due to such new district from your 

district, retaining such school house and other property to be ■ 

dollars. You are, therefore, to raise and collect by tax upon the 

taxable property of your district the said sum of dollars, and 

when collected pay the same to the Treasurer of said new district. 

Griven under my hand, this day of , A. D. 18 — . 

A. B. 
Toion Superintendent of Schools of the Tovm of 



No. 31. 

Form of order altering the boundaries of a School District. 

It is hereby ordered and determined that the, (north half of the 
north-east quarter of section No. ten, of town seven north, of range 

six west,) now a part of school district No. , of the town of 

, be, and hereby is taken from said school district, and at- 
tached to and made a part of school district No. , of said town, 

for all purposes whatsoever. 

This order will take effect on the day of , 18 — . " 

Griven under my hand this day of , 18 — . 

A. B., 
Town Superintendent of Schools of the Town of . 

Note, — The Board of each district affected by the alteration, should endorse 
their consent on the order, as follows : 

We hereby consent to the alteration made in school district No. 

, of the town of , agreeably to the within order of the 

Town Superintendent of said town. 

Dated this day of , 18 — . 

Gr. H., Director, ^ Of said school dis- 
E. F., Treasurer, i trict No. — , of the 
C. D., Clerk, ) toion of , 



160 FORMS. 

No. 32. 

* 

Form of Bond of Town Superintendent^ 

Know all men by these presents, that we, A. B., Town Super- 
intendent of schools of the town of , in the county of , 

and C. D. and E. F., his sureties, are held and firmly bound unto the 
Chairman of Supervisors of said town, in the sum of \Jiere insert 
double the amount of all scliool money to come into Ms hands during 
the term of his office, ) to the payment of which sum well and truly 
to be made to the said Chairman of Supervisors, we bind ourselves, 
our heirs, executors and administrators, jointly and severally, firmly 
by these presents. 

Sealed with our seals, and dated this day of . A. D., 

IS— . 

The condition of this obligation is such, that if the said A. B., 

Town Superintendent of said town of , shall faithfully apply 

and legally disburse all school money that may come into his hands, 

according to law, as Town Superintendent of said town of , 

during the term of his ofiice, and shall faithfully discharge all the 
duties of his office, then this obligation shall be void, otherwise shall 
remain in full force and virtue. 



Signed, sealed and delivered iu 
presence of . 



A. B., [l. 3.] 
C. D., [L. s.] 

E. F., [t. 8.] 



Note. — This bond should be endorsed as follows : 

I Approve of the within bond and sureties. 
• [Signed,] G. H. 

Chairman of Supervisors of the Town of 



FORMS. 



151 



CO 

CO 






^ 






5.' 



'^ 









^ 



ft; 






qcjuoui ,rad saSuA jo junoon? aSeXctxy 









M£»qoB3j 8IBCU B Xq (jifStti?} riaaq 
3ABq sxooqoa sqji'ora jo o^ eSejOAY 



•[ooqos papu3)|B a.visq 
•aq uajpitqj sq-jnoru jo -o^ 9,gK.iaAy 



'jooqos papfiaj^nsABq oqAi »Sb 
p S.ITSb£ A'nUOASL^ .t9A0 ua.ipjiqojo -o^j 



•[ooqo3 popasjiB 9ABq oijal sSb 
JO Rreai jaoj j9ptm u3.ipi[(qo jo 'ojg; 



•[ooqos papua:^ 
-;^ BA'stj oijAi. eSB JO sa^aX liuajAi 
■iapun pui; .tao j jaAO ua.[p[iqo jo -o^^j- 

•a2i3 JO s.iBs£ 
/CinaAij .tapan patJ jtio; j^ao iimoj 
ni Suiptsat ac*jp[iqD jo -o^ Flf>X 

•eSe JO s.rea^ 
j^;(i9Ai.i aopcin pae .inoj joao uaioj 
a[ SuiptsM nBipyiqo 9[Bai^j jo -uj^j 



•sSb jo s.rBai! 
i!!)ti3AH .tapan pire jnoj .la.vo uavo^ 
m §uip[sa.[ ua,(p[np 8[BLu jo -o^ 



OABq sfooqoa gqjaoni jd -oj^ 0ot:.ia,iY 



•9jOT.ijgjp jnTof ai sasnoqpoqos JO "o jij; 



•pdj.todaj qoii 
9Acq q-jiqAi spf.itjsip jo S).iBd jo -o^sj 



•spu'jSTp }o s^aBd JO 'o^ 



•pa:)roda.i !j')u 
OABq qoiqjA. e^au^sip [ooqos jo -o^ 



•6r)or,i:)Sip poqDs jo •ojj; 



-<pqoPW(x,OW 



152 



FORMS. 



•sjooips 
HI pssn ^eom s.iBoiniB.tS jo sJoi[inB |o sacuB^ 



•sjooqDs 
UT pesn ^sora soparaqjiaB jo sJoi{)nB jo saniB^ 



'siooqos 
ni pasn ;soni saiqd'B.iSoaS jo saoqjnB jo satn'ej^ 



•spoqos ui 
pasn %eoni si[ooq .ouipBa.t jo s-.toq;nB jo satm?^ 



•sjooqos nT 
pasn ^sooi si[ooq gui|[9d8 jo sioq^nB jo sani'B2;[ 



•easocland .laq^o puB pnj .loj 
papuadxa puB sbj Xq pasiBJ jfauoni jo ^unoaiy 



•gasnoq |ooqos no 
papaadxa puB xb^ /q pasiBJ Xanooi jo '^unoray 



^ 






•saTjBjqiy qoT.n?ip .loj 
papaadxa puB xb^ Xq pasiBJ jfauoru jo '^unoray 



•saSBAi ,saa 
-qOBa:> .loj papuadxa paB xb^ Xq pasiEJ ^unocny 



•papuadxann SuiuTuma.i ^uiioniy 



•sasod.md 
.laq^o aoj papaadxa Xaaota oijqnd jo !janoTuy 



-B.iq]i Joj papuadxa Xauora oijqnd jo ^unooiy 



.aiaqoBa; aoj piBd Xauoni ojiqnd jo ^unoniy 



C55 



•paAiaoaa Xauoux jo ^unooiB p^o j, 



•saojnos jaq^o uiojf poAiaoaj ^unomy 



-SBaax u^ojj raojj paAiaoe.1 Aauora jo ^unoniy 



-BB9JX jf^anoQ raojj paAiaaa.i Xauom jo ^unouiy 



-^pqoQWpLHOWtHH,' 



FORMS. 



163 



•JB3^ 9i[l Suijnp S3im 
-apBOB i{3iis Saipna:^;^ s^tdnd jo -o^ aSBiaAy 






\ 


- 












•/^unoo 3t{; ai sairaapBOB p3:i'BaodjoouT jo -o^kj 






syooqos Tfons SnTpTia:|iB s^tdnd jo •o|;[ 9Sb.i9ay 




•saicaap'BO'B pa^BJodjoo 
-ni uBqi jamo spoqos 8:>'eAi.id puB loox^s jo 'Oj^ 




•pgpitadxaaa saa^ XiBJqTj jo :jnnomY 




•papuadxo saug XiBiqTj;jo ^nnoray 




•p9;oano3 saug /.tBJqii; jo nunoniy 




■JBaX at[^ Sui.tnp pauBo^ saranjoA jo -o^ 




■sauBiqij; aq^ we at saranpA jo -Oj^ 




•sauvxqii jjuiofjo -oj^ 






•saiJBJqix jouistp jo ■ojj 






•sdBca ani|;no ijnoqjTAi s^ooqas jo -ojj 




p.TBoq-ipBxq B ^noqim s^ooqos jo 'O^ 




•pssopuaun sa:jTS asnoq poqos jo •oji . 




■9.10B aao 
UBq; ssaj SaiuiB;uoo sa:)TS osnoq ^ooqas jo 'o^ 




•asnoq poqos XiiBjo noi^BupA ;saAioi 




asnoq |ooqoB ^ub jo not:>BnxBA ^saqSijj 




•sasnoq xooqasjo uoiibuxba ib;oj^ 




•sasnoq ][ooqos Soi jo -o^ 




•sasnoq poqos paraBJj jo -o^ 




•sasnoq xooqos auo:)S }o 'o^ 




'sasnoq poqos 2^oy.iqjo "o^J 




NAMES OF TOWNS. 


< 


m 


o 


fi 


w 


fe 


o 


w 


K 


»rs 



20 



154 FORMS. 



No. 34. 

Form of Certificate of District Clerk, attached to a fi cessment 
roll of taxes assessed at a special meeting. 

I do certify that I have set down in the above assessment roll all 

the real estate situate in District No. of the town of , 

county of , and State of Wisconsin, liable to be taxed, accord- 
ing to my best information, and that with the exception of those cases 
in which the valuation has been otherwise fixed pursuant to law, I 
have estimated the same at what I believe to be the true cash value 
thereof; that the said assessment roll contains a true statement of 
the aggregate valuation of the taxable personal estate of each and ey- 
ery person named in said roU, as nearly as I could ascertain the same, 

Given under mv hand this dav of • , 18 — . 

A. B., 
Chr'k of District No. , Tovm of * 



No. 35. 

Form of Warrant annexed to asscss?ne'nt roll by District 
Clerk, for the collection of taxes levied at a special district 
meeting. 

The State of Wisconsin to the Treasurer of District No. , of 

the town of , county of ; 

You are hereby commanded to collect from each of the persons and 
corporations named in the annexed assessment roll, and of the owners 
of the real estate described therein, the taxes set down in such roll 
opposite to their respective names, and to the several parcels of land 
therein described ; and in case any person or corporation, upon whom 
any such sum or tax is imposed, shall refuse or neglect to pay the 
same, you are to levy and collect the same by distress and sale of the 
goods and chattels of the person or corporation so taxed ; and the 
moneys so collected you are to retain as Treasurer of the aforesaid 
district, subject to the order of the District Board ; and you are 
further required to make return to said District Board of this war- 
rant with said roU annexed, within forty days from the date hereof, 
together with your doings thereon, as provided by law. 

Given under my hand this day of , in the year 18-—. 

A. B., 

I ; Clerk of aforesaid District. 

NoTB. — The Clerk car» renew this warrant for thirty days by endoreing it 

" Renewed for 30 days." Dated , 18—. 

A. B., Dutrictaerk. 



FORMS. 155 

No. 36. 

Form of Bond given to the Distrkt Board to secure the pay- 
yrient of money borrowed on the authority of sections 100 
and 101, of title VILchapter 23, Revised Statutes of 1858. 

'' Bond, 

Know all men by fcliese presents, tbat we, the District Board of 

District No. of the town of , are held and firmly bound 

unto in the penal sum of dollars, good and lawful money 

of tlie United States of America, to be paid to the said , cer- 
tain attorney, heirs, executors, administrators or assigns, for which 
payment well and trulj- to be made we bind ourselves and our 
successors in office, jointly and severally, firmly by these presents. 
vSealed with our seals, and dated this day of — , A, D. 18 — . 

The condition of the above obligation is such, that if the above 
bounden obligors, or their successors in office, shall well and truly 

pay, or cause to bo paid, unto the above na,med obligee heirs, 

executors, administrators or assigns, the .just and full sum of — ■ 

and in case default shall be made in any of the payments, either of 
principal or interest, or of any part thereof, at the time or times 
above limited for the payment thereof, shall pay the whole sum of 
principal, with the interest which shall then have accrued, upon the 

demand of the said obligee heirs, eseeutors, administrators or 

assigns, notwithstanding the time for the payment of principal shall 
not then have elapsed, (it being hereby expressly declared to be a 
condition of the above obligation that upon any default whatever in 
the payment of any of the instalments of principal or interest, at the 
time or times above limited for the payment thereof, the whole prin- 
cipal sum, and the interest which shall then have accrued, shall at 
once become and be deemed duo and payable, at the option of the 

above named obligee, heirs, executors, administrators or assigns) 

and shall also pay all costs and expenses which the said obligee 

heirs, executors, administrators or assigns shall pay, be put to or sus- 
tain for attorney's, solicitor's or counsel fees, or otherwise, in addi- 
tion to any costs or fees which now are, or hereafter may be allowed 
by law for the collecting the said sur^ of money, or any part thoreof, 
or of the interest thereon, or any part thereof [or for foreclosing a 
certain mortgage bearing even date herewith, and given to secure the 
payment of the said sum of money above specified, with the interest 
thereon, without fraud or delay,] then this obligation to be void and 
of no efiect, otherwise to be and remain in full force and virtue. 

J^aled and delivered in presence of ] 

\ 



A. B., Director, [seal.] 
(bigned,) C. D., Treasurer, [seal.] 

E. P., Glerh, [sbal.] 

District Board of Disirict No. , of the town of ~ 



Note. — If no mortgage aocoiupanie.=; the bond, oroit tlie words " or for fore- 
closing," <tc„ -which ary enclosed in brackets. 



156 FORMS. 



No. 37. 

Form of Mortgage given by the District Board to secure the 
payment of money borrowed in accoxdance with sections 
100 and 101 rf title VII, chapter 23, Revised Statutes, 1^5^. 

Mortgage. 

This indenture made the day of , in the year of our 

<^Lord one thousand eight hundred and , between the District 

Board of District No. of the town of , of the first part, 

and of the second part witnesseth that the said parties of the 

first part, for and in consideration of dollars, in hand paid by 

the said party of the second part, the receipt whereof is hereby 
acknowledged, has granted and conveyed, and by these presents do 

grant and convey unto the sa,id party of the second part, heirs 

and assigns forever, the following described piece or parcel of land, 
situate in the county of , and State of , described as fol- 
lows, to wit : \_Here insert description,'] to have and to hold the 
same, together with all and singular the appurtenances and privile- 
ges thereunto belonging, and all the estate, right, title, interest and 
claim whatsoever, of the said party of the first part, either in law or 
equity, in and to the above described premises, to the only proper 

use, benefit and behoof of the said party of the second part, 

heirs, and assigns forever. 

And the said parties of the first part, for themselves and their suc- 
cessors in office, do covenant and agree to and with the said party of 

the second part, heirs and assigns, that they are well seized in 

fee of the aforesaid premises, have good right to sell and convey the 
same, that the same are free of all incumbrances whatsoever, and that 
the aforesaid premises, in the quiet and peaceable possession of the 

said party of the second part, heirs and assigns, against all and 

every person lawfully claiming or to claim the whole or any part 
thereof, will forever v^arrant and defend. Provided always, and these 
presents are upon the express 'condition, that if the said parties of the 
first part, or their successors in ofi&ce, shall well and truly pay, or 
cause to be paid, to the said party of the second part, heirs, ex- 
ecutors, administrators or assigns, the sum of dollars, accord- 
ing to the condition of certain , bearing date on the 

day of , in the year of our Lord one thousand eight hundred 

and , executed by the District Board of District No. , 

town of , to , as collateral security, then these presents 

and the said shall cease and be null and void. 

And the said District Board of District No. , Town of , 

do further agree that they will pay all taxes and assessments of every 
nature that may be assessed on said premises previous to the day ap- 
pointed in pursuance of any law of this State for the sale of lands 
for Town, County, or State Taxes ; and also the sum of dol- 



FORMS. 157 

lars, as solicitor's feees, in case of the commencement of an action 
to foreclose this mortgage. 

In testimony whereof, the said parties of the first part have here- 
unto set their hands and seals, the day and year first above written. 

Sealed and delivered in presence of ) 



-, Director, [seal,] 
-, Treasurer, [seal.] 
Clerk. [seal.] 



District Board of District i\'o. , of the toivn of • 

STxVTE OF WISCONSIN, ( 

County of — . j 

Be it remembered, that on the day of , A. D. 18 — , before 

the undersigned, a in and for said county, personally came the 

above named District Board of said District No. — — , Town of 

, tome known, and acknowledged that they had executed this 

mortgage deed for the uses and purposes therein mentioned. 



No. 38. 

Form of Notice of determination to form a Union DistyHct 
for High School p^irposes, to be served upon the Town 
Superintendent by the District Clerks : 

To A. B., Town Superintendent of the town of : 

The following minutes contain the action of District No. , of 

the Town of , in reference to the formation of a Union High 

School District, as provided in section 12 of chapter 138, of General 
Laws of 1858 : \_Here insert the minutes in full, giving the names 
of those who voted for and against the proposition.'] 

Dated this day of , 18 — . 

[Signed,] C. D., 

Clerh of district No. , of the town of . 

Note. — The above notice must be served by the Clerk of each District pro- 
posing to unite in the Union High School District. 



158 FORMS. 



No. 39. 



Form of Notice to be giveii by the Town Superintendent to 
the Town Clerk, of the formation of a Union High School 
District : 

To the Tovm Clerk of the town of ; 



I have this day formed a Union High School District, in accor- 
dance with the expressed desire of the districts and parts of dis- 
tricts composing the same, which determination has been properly 
certified to me as required in seection 12 of chapter 138, of General 

Laws of 1858, to be called Union High School District No. , of 

, of •which the following is a description : 

l^ffere follow form No. 1.] 
Such formation to take effect immediately. 

Dated this day of — , 18 — . ' 

[Signed,] A. B. 

Town Superintendent of Schools, of the tovm of —■ — 



INDEX 



t mMmmmtmmMm'it3 if!^stafmmi!iiu»im!iiiHtiiMiMiuissBiisemf^ 



I 



1 N 1 



ABvSENCE : 

of District Cierk liow supplied 21 

of children from school lo bt- uuied 1 ! , '73 

of officers from district 95 

ACADEMIES: 

to be established, &c. - - 6 

ACCEPTANCE : 

of office, when elected- i9, 69 

of office when appoinied ." 69 

form of - 132 

ACCOUNT : 

of State Sup't. for traveling expenses 10 

of Town Sup't. audited bj Town Board 12, 79 

of District Board for expenses . - 21 

Town Sup't. to render to Towq Buard 32 

Town Sup't to render to successor . 33 

District Treasurer to keep 20, To 

ACTIONS: 

may be brought for library fines. 39 

District may commence on Bond of Tcvwa Sup't 43 

District may commence en Bond cf I'own a.nd County 

Treasurer - 43 

prosecution of - 18, 44 

c-osts of 44 

when brought on Treasurer'^s Bond. . 20, 43, 96 

who to bring against Clerk 96 

who to appear in behalf of disliicl .. - - 20 

how brought against districts ... 40 

Town Superintendent lo bring — 43 

21 



162 INDEX. 

ADJOUENMENT : 

district meetings may adjourn 17 

notice of adjourned meeting 22, 64 

when advisable. 66 

AGE: 

of children entitled to attend school 6, 100 

of children to be registered 24 

persons over legal age may attend 101 

ALTERATION : 

of proceedings 18, 66, 68, 99 

ALTERATION OF SCHOOL DISTRICTS : 

to be made by Town Sup't 30, 83, 90 

notice to be given 35, 61, 83 

when town officers may be called in 35, 83, 90 

consent of District Board -___i 35, 83, 91 

when to take effect^ i.'t.i'. 35, 61, 91, 92 

of joint districts how made 36, 63, 84, 90 

when to affect apportionment 54, 79, 92 

cannot be made by State Sup't 90 

may be appealed _ 37, 90, 91, 92 

notice of 148 

ANNUAL DISTRICT MEETING : 

whento beheld 17.63 

. hour of 17, 63, 66 

powers of 17, 64, 99, 100 

notice of 17, 64 

not to be deemed illegal — 17, 64, 65 

what may be determined 19, 69 

when time for holding passes, how called 18, 65 

mode of proceeding 65-69 

special meetings to transact same business 18, 64 

may authorize loan 45, 99 

proceedings of, maybe appealed from.. _.-___. 37 

may determine to form a union district.: ':'J'J.'a<L_l'ts/'ii-. 47 

notice of -. 'L'6j Lf-J. . 132 

annual High School meeting. ^.'i L"-'.'. . 48 

ANNUAL REPORT : 

of State Superintendent — -'u-*. 8, 10, 11 

of Clerk of Board of Supervisors ...._. ; 38, 86, 87 

of Town Superintendent 31, 57, 79 

of District Clerk..... 22, 57, 73 

form of - - 137, 139 

of District Treasurer... 20, 79 

form of - — — 135 



INDEX. 16S 

ANNULMENT OF CERTIFICATE : 

Town Sup't, may annul certificate. - 34, 81, 82, 9S 

proceedings in regard to 34, 81, 82, 9S 

rescinds contract with teacher — 9S 

may be without re-examination 93 

APPARATUS : 

district meeting may vote tax to purchase — IS 

care to be taken of 9T 

High School Board may determine 4S 

APPEALS : 

when may be made 37 

■who may appeal - — 36, 40 

decision operative until reversed — — 3^ 

regulations concerning --. — - 49-51 

decision of, how final 92! 

no appeal from Town Sup't. to Town Board 9® 

APPENDAGES : 

Board to provide, — - 21, ^1 

district may vote tax to pay for.. — - 18 

APPOINTMENT : 

to fill vacancy in District Board.. ._ — 29, 94, 95 

form of 14:^ 

APPORTIONMENT OF PROPERTY ; 

on formation of new district 35, 36, 84, 85, 91 

APPORTIONMENT OF SCHOOL MONEYS : 

by State Sup't. how and when made 9, 14 

when not to be made by 14, 8@ 

by Town Sup't 31, 87, 88, 89, 103 

when not to be made by 32, 88, 89 

notice to be filed by Clerk of Board of Supervisors, 

&c . 12 

how affected by alteration of districts 54, 79, 92 

in joint districts how made SlT 

to be based upon report of District Clerk.. 31, 87, 88, 79 

how moneys are to be apportioned. lOS 

decisions relative to 87-88' 

ASSESSMENT : 

of school district taxes „ . . . 24-29, 37, 73-77, 85, 8@ 

last assessment roll basis of - 24 

by a special meeting 25, 29, 64, 75 

how equalized in joint districts ...~ 26,35" 

when Superintendents cannot agree 37 



164 INDEX. 

ASSESSMENT- cjntinued : 

when town Clerk may assess - - 37, 85 

town Clerk to furnish joint district Clerk with list. . . 24, 74 
district clerk to deliver statement to Town Clerk. 24, 73, 86 

ASSESSMENT AND COLLECTION OF TAXES : 

(see " Assessment.") 

ATTENDANCE : 

of scholars to 1 e registered 24,73 

of voters at district meetings 16, 65 

AYES AND NOES : 

when vote should be taken by . - 67. 69, 73 

to be entered upon the records . . 68, 76 



BANKS: 

not liable to pay dis^trict lax. except up .n real estate 74 

BLACK-BOARD : 

how provided .- - — 18, 77 

necessary - 77,107 

BOARD : 

for forming or altering schoul district . 35, 83. 30 

(see '• County Board.") 
(see " Town Board.") 
(see "District Board") 

BOARD OF TEACHER : 

to be included in wages '?S 

BOND : 

District Treasurer to execute 20, 70 

Tobe filed 20, 70 

of Town Superintendent . _ 30 

Action on 33, 43 

of Town Treasurer, action on - 43 

of District Treasurer, action on,. 21, 43, 96 

of County Treasurer, action ou, 43 

certified copies of. evidence..... 44 

if not executed . 20, 30 

how approved - . 20, 30, 70 

Directors, &c , authorized to give for money borrowed 45 

form of boi>d of Dislrict Treasurer 136 

form of bond of Town Suoerintendent 150 



INDEX. 16"5 

BOOKS : 

for records and register . "^'24: 

to be delivered to successor in office 21,43 

to be furnished indigent pupils _. 29,77 

text books determined 29, 77, 78. 98 

text-books recommended 199-111 

uniformity of — -... 78,109 

BORROWING MONEY : 

by school districts 44, 99 

BRANCHES OF EDUCATION : 

to be taught 30, 78 

BUILDING: 

school house -.. 76,105-108 

BUSINESS : 

what transacted at annual meeting 19, 67, 69, 47 

" " "special " 18,64 

" «^ "first " 18,63,64 



CARE: 

of school house 29,77,96 

CERTIFICATE : 

of appointment 9 

of Clerks of Board of Supervisors 12, 14,[87 

of estimated value of school house r 18,^65 

of teachers how granted 34, 81,'^92 

may be annulled... 34,81,82,^93 

Town Superintendent to certify tax 'Zt^*^ 

Town Clerk to certify delinquent tax 24,^27 

Town Clerk to certify to judgment ._ 41 

certificate of vote for Union High School S"^*^ 

CHAIRMAN : 

of district meeting _ -. 17, 66 

of town Board to be associated with town Sup't. . 35, 83,^90 
penalty for not performing duty 42 

CHALLENGE : 

of voters _ 16,62 

CHILDREN : 

age to attend school 6, 9, 100 

to be reported by District Clerks 2.3 



INDEX. ' 

CHILDREN— continued : 

attendance to be registered 24 

to be reported by Town Superintendent 31 

to be basis of apportionment 31 

Clerk of Board to report.. 38, 86 

where may attend school _ 101 

€LERK OF BOARD OF SUPERVISORS : 

to file notice of apportionment _ ._ 12 

to furnish copy to County Treasurer and County Board 

of Supervisors _ 12 

to transmit certified copies, &c., to State Sup't 12, 14 

to preserve documents 38 

to report to State Superintendent 38,86 

furnish statement to County Treasurer 38, 86 

penalty for neglect of duty 42, 87 

form of report of 151-153 

GLERK OF TOWN : 

to furnish statement of valuation 24 

to assess tax ._ 24, 37, 86 

to certify delinquent tax to Town Treasurer 27 

to enter unpaid tax in next assessment roll 28 

to file town Superintendent's account 33 

to file annulment of certificate 34 

may be associated with Town Superintendent 35, 83 

to file copy of notice of formation or alteration of district 35 

to fix valuation ... _ 37,85 

to file reports, books, &c., _ 38,86 

to receive and assess judgments 41 

to file map 44, 86 

to deliver assessment roll to collector 74 

not to certify assessment to State Superintendent 87 

CLERK OF SCHOOL DISTRICT : 

when chosen .._ 17 

may call special meetings _ 18, 64 

may call special meeting for electing officers.. 18, 65 

term of office 19, 94 

to draw orders on Treasurer „ 19, 23, 73 

to notify officers of their election 19, 69 

to record Treasurer's report _. 20, 70 

to approve bond of Treasurer _. 20, 70 

to file bond of Treasurer 20 

to record proceedings 21, 67, 68, 71 

to be Clerk of District Board and district meetings.. 21, 66 

to hire teachers... 21, 71, 72, 93-95 

to give notice of meetings 22, 64 

to report to the Town Superintendent 22, 73 



INDEX. ' 167 

CLERK OF SCHOOL DISTRICT— continued : 

to furnish school register _ 24,73 

to deliver to town Clerk statement of taxes voted to 

be raised 24, 73 

how to make out tax list 26 

to issue warrant for collection .. 27, 75 

to file certificate of unpaid taxes 28 

warrant issued by, to ha ve force 28 

may correct tax list ._ 28 

may renew warrant .,. 28 

a member of District Board 29 

when to be Librarian. 39,54 

penalty for neglect of duty 42, 94 

penalty for false report . 42 

penalty for refusal to deliver books, &;c., to successor.. 4S 

entitled to Journal of Education 46 

to furnish town Superintendent with certified copy of 

minutes of meeting to organize a Union district... 47 

to preserve Journal of Education 46, 58 

to report library statistics 58, 59 

to record ayes and noes 67 

to keep accurate minutes 68 

to report officers to Town Superintendent. 73 

must sign the annual report 89 

cannot teach in his district 96 

form of report of 137-139 

CLERK OF UNION SCHOOL : 

a member of Board 47 

a member of Board of Examiners ._ 48 

COMMON SCHOOLS : 

to be free 6, 100 

Sectarian instruction not allowed 6 

how in part supported _ 6 

must maintain school three months each year.. 6, 88 

School Fund, how distributed to 9 

what taught in .--. 29, 77 

Town Superintendent may hold property of 33 

supervision of, vested in Town Superintendent 34, 82 

terms of _ 69 

who may attend 100, 101 

government of. 101 

COMMON SCHOOL FUND : 

(see "Income of School Fund.") 

COMMUNICATIONS ; 

to State Superintendent _ „.. 60 



168 I!<DEX. 

COMPENSATIOK : 

of State Su[^;erintendent — 8 

of Assislant Slate Superintendent 8 

of Town Superintendent 13, 33, 79 

how paid - 79 

of Clerk of Board of Supervisors 38 

COMPOSITIONS : 

may be lequired to be read. — - 29, 78 

CONSENT : 

of District Board required to have alteration lake effect 

immediately 35, 61, 83, 91 

conditional consent cannot be given 83 

CONSTITUTION : 

relating to Common Schools .. — — 5—7 

CONTRACT : 

to be made by Clerk 21, 71, 72, 93-95 

to be indorsed by Director or Treasurer 21, 7l, 94, 95 

where filed 21 

when not binding 71, 72, 93 

when Board liable under 93 

for building school houses 76 

COPY: 

certified copy legal evidence 10 

certified copy of Bond legal evidence 44 

of appeals to be served on opposite party 49 

of answer to be served, &c-- 50 

CORPORATIONS : 

school districts declared to be — 16 

Town Superintendent to have powers of 33 

not liable to tax 74 

COSTS : 

of suits who responsible for 44 

COUNTY BOARD OF SUPERVISORS : 

may authorize the levy of district taxes not exceeding 

$1,000 11 

To determine amount to be raised by each town for 

school purposes 13, '^,87 

amount of such tax 13, 87 

shall not exceed three mills on the dollar .- 13 

how ascertained when town has had no apportionment 13 



INDEX. 169 

COUNTY TREASURER: 

to apply for and receive apportionment 14 

to notify Town Superinvendents — 14 

how to dispose of uncalled tor school moneys.. 14 

when action may be brought on bond of . _ 43 

should not receive money raised by towns for school 

purpose? - 75, 99 

D. 
DEBTS : 

tax voted to pay - 17 

how divided on division of district 36, 84, 85 

Boards cannot incur without vote of the district 76 

DECISION : 

may be appealed from — ' 37 

of State Superintendent conclusive and final 37, 92 

how recorded 50 

digest of -. 87-103 

DECLAMATION : 

may be required - - 29, 78 

DEED: 

prov isions relative to 76 

form of ---- --- 142 

DELINQUENT TAXES: 
(see " Taxes.") 

DEPARTMENTS : 

district school may le divided into 77 

teachers in all, must be qualified .- 77 

DESCRIPTION : 

Clerk to make of taxable property 26 

of school districts to be made by town Superintend- 
ent..,. 30, 44, 85 

of district, to be made and accompany appeal 49 

DIRECTOR : 

when elected ^-. 17 

may call special meetings 18, 64, 65 

term of office ._ 19, 94 

to be member of Board 19, 29, 69 

to sign orders on Treasurer 19, 23, 70 

to appear in behalf of district - 20, 96 

to approve Treasurer's bond 20 

22 



170 INDEX. 

DIRECTOR— continued : 

to prosecute Treasurer's bond _ 20 

to approve contract with teacher 21, 71, 94 

to certify judgment to Town Clerk 40 

penalty for neglect of duty , 42 

Board of, authorized to borrow money 45 

of Union High Schools, how elected 47 

to divide joint library 40, 54 

DISTRICT BOARD : 

who to constitute _ 19, 29, 69 

term of office.. _ 19, 69 

how notified, &c 19 

to provide necessary appendages to school house 21, 77 

to estimate value of real estate 26 

may refund tax 28 

powers of 29, 76 

to have care of school house, &c 29, 77, 96, 97 

to fill vacancies _ _. 29, 94, 95 

to purchase books for indigent children _ 29, 77 

to determine text books 29, 78, 109 

to determine studies 30, 77 

may associate town officers with Town Superintendent 

upon alteration of district ._ 35, 91 

to consent to alteration of district 35, 83, 91, 92 

school library vested in 39, 54 

may appropriate half of library money for teaching 

music 39 

may choose Librarian 40 

authorized to borrow money 45 

to give notes, bonds, &c 45 

how to sign appeal 49 

to estimate expenses 67 

to carry out wishes of people 67 

may determine how long school shall be taught 69 

may hire teacher for three months 69 

individually responsible for illegal expenditure of 

money 76, 96 

how to contract for building school house 76 

may divide school into departments 77 

cannot hire unqualified teacher 80, 95 

when may dismiss teacher _ 93,97 

to hire teacher ._ 94 

may expel scholars _ 96 

cannot levy tax 97 

government of school vested in.. 98, 101 

when cannot discharge teacher.. 97 

may admit pupils from without the district 98, 101 

to furnish fuel 100 



INDEX. 171 

DISTRICT CLERK: 

(see " Clerk of school district.") 

DISSRICT LIBRARIES : 
(see "Libraries.") 

DISTRICT MEETINGS : 

(see " Annual," "Special " and " First Meetings,") 

DISTRICT PROPERTY : 

Board to have care of .- 29, 11, 96, 97 

may be sold 17,76 

how divided when district is altered 36, 84, 85, 91 

DISTRICT SCHOOL : 

(see " Common schools.") 

DISTRICT TREASURER : 

when elected - 17 

may call special meetings 18,64,65 

term of office . 19, 69, 94 

to report to district 20, 70 

to pay balance to successor .-, 20 

to execute bond 20 

office vacant when 21, 70, 94 

to prosecute predecessor .. 21 

to approve contract with teacher 21 

to collect district tax 27,67,70,75 

to return upaid tax to town clerk 27, 75 

to file certificate of town Clerk _ 28 

to possess powers of town Treasurer 28 

to be member of District Board 29, 69 

penalty for neglect of duty 42 

penalty for disbursing money illegally 43 

to receive library fines 56 

to be responsible for neglect of duty 57 

to be Treasurer of joint library _ 58 

to report to Town Superintendent ,., 58, 59 

when not required to pay orders 70 

to keep accurate account 70 

when liable^on bond .... 71 

to apply for school money. 20,71 

form of receipt of 71 

form of report of. -- 135 

DIVISION : 

of school districts 35, 83, 90, 91 

of property 36, 84 

of joint libraries 40, 54 

form of order of 129, 148, 149 



172 INDEX. 

E, 

ELECTORS : 

powers of at town meetings 12 

of districts, who qualified 16,62 

to assemble when notified 16, 62, 65, 108 

ERRORS : 

in tax list, how corrected 28 

in District Clerk's report 79, 87 

EQUALIZATION : 

in case of joint district 26, 85 

of assessment in joint districts 37, 8& 

EXECUTION : 

not to issue against school districts 40' 

EXPENDITURES : 

of District Board how a'lowed 21 

Town Superintendent to report 32 

of library money to be reported 32, 57 

Town Superintendent to keep ace nint of 32 

of library fines to be reported 57 

Board to estimate - -- 67 

when Board personally liable fur 96 



FEES : 

Town Superintendent cannoi receive 79 

for tuition cannot be charged 47,101 

for tuition, when may be charged.. 47 

FINES, FORFEITURES, &c. : 

for refusal to serve notice — 42 

for refusal to act as Chairman 42 

for refusal to serve as officer — 42, 70 

of Town Superintendent for neglect or refusal to report, 42 

of Clerk of Board for neglect to report 42, 87 

of Clerk of District for false report 43,87 

of Clerk for refusal to deliver books, &c , to successor. . 43 
of Town Supermtendent for neglect to prosecute District 

Treasurer 43 

forfeiture of wages -- 24 

for violation of library regulation s 56 



INDEX. 173 

B'IRST DISTRICT MKE !1NG : 

notice of time and place 15 

bow notice given and return made - . 15 

such notice and return to be recorded 15 

notice in case of neglect to attend first meeting 15 

duty of electors to attend 16 

officers to ii!e written acceptance 16,63 

powers and duties of 17, 63 

terms of officers elected at 19 

neglect to serve notice of, penalty for 42 

refusal to serve as Chairman of, penalty for 42 

form of not'ce calli'ig, and return 131 

FORMS 

prescribed by Siaii- Superintendent 129-158 

of notice by Town Sa^ieriotendent of formation of new 

scho.if disliici. 129 

of notice of forriiau. n of joint district 129 

of notice uf tirsi nu-.iing by Town Sup't 130 

of notice of fust riuciing to be left at residence of voter 131 

of return endo'-cii on notice 131 

of notice by 'iuv..ii l~np't. in case tbere is no officer to 

call nieetiii^^ ._...- - 131 

of acceptavicf \i\ J M.-tiict Officers 132 

of notice of an nuil lueeuDg . 132 

of notice of sptciHi ineeting 132 

of notice of adjdiu ned meeting 138 

of certificate, HkiI jiiicjre than |500 is necessary to build 

school house. 133 

of notice to offirei > dfct 134 

of refus.-il to Hcci-jil otHee ._ 134 

of ordi r on Ticisiiii ;■ 134 

of annua! rrpii; <it iJistrict Treasurer 135 

of bond of Distrir,! Tieasurer 136 

of contiact with 'eaciier 136 

of annual report of District Clerk - . 137-139 

of School Re^i !cr 140 

of statement o' i^ix; .> voted . 141 

of -statement of '...xcs voted in a joint district — 141 

of D^ed 142 

of Lease 143 

of appointmeiit to till vacancy - 143 

of annual report of Town Sup't . 144-146 

of Teacher's certificate 147 

of note annulling certificate 147 

of notice ol Mher-aicm of district _ 148 

of notice, when ! on rd refuse consent . 148 

of order awarding property 149 

of order altering -iistrict . 149 



174 INDEX. 

EORMS— continued : 

of bond of Town Superintendent 150 

of annual report of Clerk of Board 151-153 

of tax certificate of District Clerk 154 

of "warrant by District Clerk 154 

of Bond to secure borrowed money ,._ 155 

of Mortgage given by District Board.- _ 156 

of determination to form Union High School District by 

District Clerks...... 157 

of notice to form Union High School District by Town 

Sup't 158 

FORMATION : 

of School Districts 35,83,90 

of Union High School Districts 47, 77 

notice of to be given 35, 83 

town officers to be called in 35, 83 

of joint districts 36, 90 

of joint union districts 48 

Form of notice of 129, 157, 158 

FREE: 

common schools to be 6, 100 

FUEL : 

how provided 17,100 

FUND: 

(see "Income of School Fund.") 



G. 

GOVERNMENT OF SCHOOLS : 

Town Superintendent to advise in regard to 35 

vested in District Board 98,101 

powers and duties of teachers in.. 101, 102 



H. 

HOLIDAYS : 

teachers entitled to * 72 

HIGH SCHOOL : 

(see "Union Schools.") 



INDEX. 175 

I. 

INCOME OF SCHOOL FUND : 

how distributed 6,87,88,89,103 

when distributed-- 9,14 

when not to be apportioned 14, 54,^88 

to be applied to payment of teachers' wages 23, 88, 89 

County Treasurer to apply for _ 14 

what constitutes - - 89 

INSPECTION OF SCHOOLS : 

byTownSup't- 34, 82 



J. 

JOINT DISTHICTS : 

How formed and altered 36,63, 84, 90 

tax to exceed $500, by whom certificate to be given. . 18, 65 

- how apportioned to 87, 88 

should not be formed - 90 

supervision of _ 90 

made by change of town lines 90 

notice of formation, form of 129 

JOINT LIBRARIES : 

how formed and divided .. 40, 54 

Librarian of, how appointed — 40, 54 

vested in whom - 40 

regulations concerning 54-59 

JOURNAL OF EDUCATION : 

who entitled to.. 46 

how paid for .- — 46 

JUDGMENTS : 

against districts how collected .- 40 

how certified 40 

in case of joint districts, how certified and collected, — 41 

to be assessed by Town Clerk __ 41 

how assessed in joint districts -- 41 

JUSTICES OF THE PEACE : 

to have jurisdiction. 40 



176 INDEX. 

L. 

LEASE : 

district may lease ])ouse or site.. lY, 1Q 

vote to, by ayes and noes 76 

form of. 142 

LIABILITIES : 

district may vote tax to meet ., ., . 16 

when incurred, district may not alter proceedings. 99 

LIBRARIAN : 

when District Clerk to be 39, 54 

of joint district, ].uw hjipi^int^d .. 40, 54 

duties of . _ 55-59 

LIBRARIES : 

How much e-et apart for ... . 39 

"who may use boolcs 39 

disti ict may vote tax for . . . -59, 52 

how books for. may be selected 39 

vested in wliom. . 39 

fines for damage to, how collected . 39 

districts may unite 40 

may be divided . - 40 

usefulness and importance - 51 

how to provide means to secure . 52 

regulations of law ._ 53, 54 

regulations by State Sup't . . 54-59 

LIBRARY MONEY : 

how much may be set apart 39 

when illegally expended apportionment forfeited.. 32 

district not entitled to - 88 

LOAN : 

districts may make, to builJ, &c 44 

length of time, rate of interest, (fee 46 

liow secured - - - — 45 

not to exceed 1 ft p-r cent,, of valuation 45 

authority to make to be shown by the records. 76 

M. 
MAPS ; 

Town Superintendent t>) make 44, 85 

to be furnished District Clerk - 44, 85 

to accompany appeal . ... 49 

copy of, to be served nn opposite party — 50 



INDEX. 



177 



MEETINGS : 

(see "Anaual," '• First," and "Special Meetings.") 

MISDEMEANOR : 

when District Clerk guilty of 43 

penalty of 43 

MONEYS : 

(see "School " and " Library Moneys.") 

MONTH : 

signification of 72 

MORAL AND RELIGIOUS INSTRUCTION : 

in public schools .- - 112 

not to be sectarian — 6, 8, 112 



N. 

NAMES ; 

of school districts _. 16 

of scholars to be registered. 24 

of voters, Clerk to prepare lists 67 

of district officers to be reported to Town Superintend- 
ent --- — 73 

of Town Superintendents to be reported to the State 

Superintendent 80 

NEGLECT : 

of District Treasurer to pay moneys to successor 21 

of teacher to use School Register 24 

of district to receive apportionment 33 

of officers to accept office, &c 42 

of Town Superintendent to report 42 

of Clerk of the Board to report 42,87 

of District Clerk to deliver books to successor 43 

of Town Superintendent to apportion moneys.. 4y 

NOTICE : 

State Superintendent to give, of apportionment.. 10 

Clerk of Board to transmit to County Treasurer 12 

County Treasurer to give, to Town Superintendent 14 

of time and place of first meeting. 15, 62 

to be recorded 15, 62 

how served and returned 15 

to be given in case of neglect to attend first meeting.. 15 

want of does not render meeting illegal 17, 64 

23 



178 INDEX. 

NOTICE— continued : 

of special meeling 18. 64, 65 

to officers elect 19, 69 

Clerk to give of annual meeting 22, 64 

of intention to annul certificate 34, 81 

of intention to alter district 35, 61, 83 

of alteration of district 35, 61, 83, 84 

of formation of joint district 36, 84 

refusal to serve 42 

forms of notices (see " Forms.") 



OATH: 

of office by State Superintendent 7 

of office by Assistant State Superintendent 10 

administered to challenged voter 16 

OFFICERS : 

of district 17, 19 

of union districts 47 

(See "Director," "Treasurer,"' "Clerk.") 

ORDERS : 

Director to sign 19, 70 

Treasurer to pay money on 20 

Clerk todraw... 23, 73 

on Treasurer, form of 134 

(orders, see "Forms.") 

OUTLINE MAPS: 

bow provided IS 

sbould be supplied - 107 

recommended .- 110 



P. 

PENALTIES : 

(see " Fines and Forfeitures.") 

PLANK ROADS : 

not liable to district tax _ 74 

PRINCIPAL : 

t'>) of School Fund _'i.i.^«>.w 6 

when income added to , 14 



INDEX; 179 

PROCEEDINGS OF DISTRICT MEETINGS : 

mode of 65, 66 

not void for want of due notice..,. » 65 

when cannot be altered ., 68 

PROPERTY ; 

(see "District Property.") 

PUBLIC MONEY ; 

(see " School Money.") 



QUALIFICATIONS : 

of voters 16, 62 

of teachers, how determined __ 34, 81 

R. 
RAILROADS : 

not liable to district tax • 74 

RBiAL ESTATE : 

school districts may hold 16 

tax on, how assessed and collected.. 24,25 

how assessments equalized in joint districts 24 

District Clerk to enter in tax list __ 26 

when District Board to fix value 26 

how and when assessment of may be altered 26 

when taxes on are unpaid, what proceedings are had.. 27 

owner of chargeable with taxes by tenant ... 29 

District Board may mortgage 45 

Union High School tax on 47 

RECEIPT : 

to be given by District Treasurer to Town Sup't 71 

RECORDS OF SCHOOL DISTRICTS : 

who to keep 21, 68 

to be delivered to successor 21,43 

method of keeping, <fec., 66-69 

when vote to be entered by ayes and noes .1^ _ 67 

REFUSAL : 

of officers to accept 19 

unless filed within ten days deemed to have accepted, 19, 70, 

refusal to keep register 24,73 

penalty for, to serve as chairman — 42 



180 INDEX. 

REFUSAL— continued : 

penalty for. to serve as district officer. _ 42 

penalty for, to report on town Superintendent 42 

penalty for, to report on Clerk of Board 42 

penalty for. to deliver books to successor 43 

penalty on Town Superintendent for refusal to prosecute 

District Treasurer.- 43 

Town Superintendent liable for refusal to apportion 

school money.. 43 

to perform duties vacates office _ YO, 94 

Distiict Treasurer liable for 71 

form of .-- 134 

REGISTER : 

to be furnished teacher by Clerk 24, 73 

what to contain, (fee 24 

refusal to keep 24, Y3 

form of 140 

REGULATIONS . 

State Superintendent to prescribe 8, 53 

to cause to be printed!. 8 

concerning appeals 49-51 

concerning libraries 51—59 

REMOVAL : 

of district officer vacates office _ 95 

REPAIRS OF SCHOOL HOUSE : 

tax voted for. 17 

Board to attend to 77 

REPEAL OF PROCEEDINGS : 

when districts have authority to 18, 68 

REPORT : 

of State Superintendent 9, 11 

of District Treasurer 20, 70 

of District Clerk 22, 23, 73 

of Town Superintendent 31,32,79 

how made iu joint district 36 

of Clerk of the Board of Super\ isors _ 38, 86 

penalties for refusal to make 42 

penalty for false 43 

forms of reports (see "Forms,") 

RESIDENCE : 

of children 101 



INDEX. 181. 

RETURN : 

of notice of first meeting „.. 15,62^ 

form of, and return __..„ _ 130, 131 



S. 

SCHOLARS : 

age of, to attend school 6, 100 

names, &c,, to be registered 24, 73 

when may be expelled ._ 96 

powers and duties of teacher respecting'- 96, 101 

how admitted from other districts 98,101,102 

residence of 101 

under four years should not attend school .- _. 101 

SCHOOL BOOKS : 

District Board to determine -. 29, 78, 109 

may be purchased for indigent scholars 29, 77 

uniformity of 78, 109 

list of recommended 110, 111 

(see also " Text Books.") _ ^ 

SCHOOLS : 

(see "Common Schools.") 

SCHOOL DISTRICTS : ;:;::| 

alteration of, (see "Alteration of School Districts.") 
formation of, (see " Formation of School Districts,") 

when duly organized 16, 63 

when legally organized 16, 63 

when organization complete -. 63 

to be bodies corporate 16 

powers of -- 16 

officers of ■■ 19,69 

description of, to be filed with Town Clerk - 30 

when not entitled to apportionment. — 32, 88 

division of property of 36, 84, 85, 91 

joint districts how formed, &c 36, 90, 84 

may unite libraries 40, 54 

judgments against - 40, 41 

may commence action on bond of Town Superintendent 

&c., -- 43 

may borrow money 44, 45 

may form Union High School district 47 

organization of not impaired by high school districts.. 48 
apportionment to, (see "Apportionment.") 



182 INDEX. 

SCHOOL HOUSE : 

site of, how designated 17 

sale of, how authoriaed 17 

tax to repair, how voted _ 17 

Tax to build not to exceed $500 18, 65 

appendages of to be provided 21, 77 

Board to have care of 1 29, 77, 9(5 

how property in, divided 36, 84, 91 

money borrowed to build 45 

of Union High School district, how built 47 

authority of Board in action relating to, to be shown by 

the records 76 

manner of contracting to build 76 

use of, for other than school purposes ._ _ 97 

hints in regy-d to . 103-108 

SCHOOL MONEYS: 

may be raised by towns in addition to amount required 

bylaw 11, 12 

County Board to determine amount to be raised by 

tax ... 13, 87 

apportionment of 9, 14 

County Treasurer to apply for ._ 14 

" " to give notice of receipt of 14 

moneys not drawn added to next apportionment ^ 14, 33 

District may determine application of 19 

District Treasurer to apply for and receive 20, 71 

District Clerk to report concerning 23 

Town Superintendent to apply for and receive 30 

" " to apportion 31 

" " to report concerning 31, 32 

when not to be apportioned 32, 86, 88, 89 

account of, by Town Superintendent 32, 33 

apportionment of, in case of division of district 33 

what constitutes School Moneys 89 

must be raised by tax 99 

SCHOOL REGISTER : 
(see "Register.") 

SCHOOL ROOM : 

size of, &c., 106 

ventilation of 107 

SCHOOL TAXES: 

towns and cities required to raise 6 

County Board to levy in towns, not to exceed $1,000.. . 11 

" " to estimate for each town .' 13, 87 

howjevied when town has received no apportionment. . 13 



INDEX. 183 

SCHOOL TAXES— continuei: 

may be voted at Annual Meeting 17 

to build scliool house ■. _. --... 18, 65 

District Cl'k. to furnish Town Clerk with statement of 24, 73 

how assessed in joint district _......._. '24, 37, 74 

Town Clerk to assess.... 24, 74, 85 

delinquent, how paid -. 25 

Law of 1849 concerning, revived 25 

how 'assessed 2 

assessment of, how made -..._. ^,_'. 26 

" how altered --..i.ULBiiLL.. 26, 85 

proceedings when unpaid 27, 28 

errors in regard to, corrected 28 

tenant paying may recover 28, 29 

tax upon division of property 86 

on what property assessed-.-- 37, 85 

may be voted for library purposes 39, 54 

to pay judgment against district 41 

Union High School tax, how levied, &c,, 47 

taxes levied by Special Meeting ^ 67 

when District Treasurer to collect 28, 70, 75 

corporations exempt from .. 74 

Town Treasurer to pay to District Treasurer . . 74, 75, 105 

District Board cannot levy -._ - dJ 

vote levying to be by ayes and noes y-' 

Town Treasurer to pay to Town Superintendent... 99, 10 

cannot be voted generally ._ lOl 

may be levied to enlarge school house .. 100 

" ." to repair school house 100 

(for forms in relation to, see " Forms.") 

SEATS : 

suggestions in regard to . 106 

SECTARIAN INSTRUCTION : 

not allowed in schools , 6. 8, 112 

religious instruction not necessarily sectarian 112-122 

SITE OF SCHOOL HOUSE : 

how designated 17 

how paid for 17 

vote to alter, recorded by ayes and noes 67 

Board cannot purchase 76 

suggestions in regard to 103-105 

SPEAAL district MEETING: 

how, and by whom called 18, 64 

powers of .. 18, 64 

how called for electing officers 18, 65 



184 ' INDEX. 

SPECIAL DISTRICT MEETING— continued : 

Clerk to give notice of 22, 64 

what notice to specify 22, 64 

may vote tax 25, 61, 76 

laws relating to assessment and collection of taxes 

voted at 25-29 

of Union High School districts 48 

what business transacted at 64 

duty of voters to attend 65 

Form of notice calling 132 

STATE SUPERINTENDENT: 

how elected — o 

compensation 5 

when elected 7 

duties of 8 

to report .. — 9, 10, 11 

to apportion school moneys 9, 14 

where to keep his office 10 

may certify copies of papers 10 

may appoint assistant 10 

traveling expenses 10 

clerk hire 10 

to furnish blanks 23 

to recommend text-books — 8, 29, 78 

to supply districts with amendments to School Law 44 

may subscribe for " Journal of Education," 45 

Regulations by, concerning appeals 49, 51 

" " libraries... 51-59 

cannot form or alter school districts 90 

cannot grant certificates 92 

decision final upon case as presented 92 

text-books recommended by 109 

STATE TREASURER: 

to pay over money to County Treasurers 14 

SUPERVISORS : 

(see •' County Board of Supervisors.") 



T. • 

TAXES: 

Assessment and collection of - 24-29, 73-75 

(see also "School Taxes.") 



INDEX. 185 

TEACHERS : 

whether male or female, how decided 19, 69 

who to contract with 21, 72, 94, 95 

to keep School Register 24 

when forfeits wages 24 

by whom examined 34, 81 

certificate to be in force 34 

may be re-examined 34, 81 

certificate of, may be annulled 34, 81, 82, 93 

Town Sup't. to advise 35, 82 

of Union High Schools wh o to examine 48 

Board may hire for three months 69 

Clerk to hire qualified Vl, 72, 93 

contract with, to be filed with clerk 72 

may dismiss school on holidays. 72 

in all departments must be qualified 77, 89 

to be examined in English - 81, 93 

State Sup't. cannot grant certificates to, 92 

Town Sup't. cannot teach as qualified . 95, 96 

District Clerk cannot act as. 95 

to be consulted on admission of pupils 98 

cannot expel scholars 96- 

should not be dismissed. 97 

government, duties of teacher -- 98, 101, 102 

good teachers cheapest. ._ 108 

certificate of qualification, form of -- 147 

TENANT : 

when paying taxes may recover of owner 28 

TERMS : 

when should commence -- _.-.- - 60 

TEXT BOOKS : 

list of recommended 110, 111 

not to be sectarian 6, 109 

TOWN BOARD : 

to audit accounts 12 

chairman of, to assist Town Sup't 35, 83, 90 

TOWNS : 

may raise additional school money. 12 

TOWN SUPERINTENDENT : 

account of, how audited 12 

compensation of 13, 33, 79 

to equalize assessment in joint district 26, 37, 85 

to consent to renewal of warrant 28 

24 



186 INDEX. 

. . "iTi f :•' \ 

TOWN SUPERINTENDENT— continued : 

to consent to tax for school house exceeding $5Q0.. 18, 65 

to fill vacancies in district board il'?^'5. . 29, 95 

powers and duties of ..':!,'.■?'.. 30-37 

to form and alter districts ;'30, 35, 36 

to give bond, and by whom approved .. 30 

to report- -_ 31, 79 

what to report... 31, 32, 79 

when not to apportion money, 32, 88, 89 

when not to apportion library money 32, 88 

to keep account of money received, &c 32 

to render account to successor 32 

to have powers of a corporation . 33 

apportionment by, in case of division of district 33, 79 

when to add moneys to next apportionment . 33 

to examine teachers 34, 81, 93 

may annul certificate 34, 81, 82, 93 

to give notice of annulment 34, 93 

may re-examine teachers 34 

to visit schools 34, 35, 82 

to give advice to boards and teachers. 35, 82 

to give notice of alteration of districts 35, 61, 83' 

action of final, unless appealed from _. 36 

to divide property between districts 36, 84, 85 

may form joint districts 36, 63, 84 

action of, may be appealed from 36, 37, 90, 91 

Town Clerk to keep papers of 38, 86 

may set apart library money 38, 39, 54 

penalty for refusal to report . !_'___1_- 42 

to prosecute District Treasurer I'l'll'I J^^l^Jf 43 

to prostcute Town or County Treasurer «--- . 43 

may commence action in name of district or town 44 

duty to file map of districts . 44, 85 

entitled to Journal of Education , 46 

to determine boundaries of Union High School Dis- 
trict ....-.- 47, 48 

to appoint first Union High School Board 47 

to be a member of Board of examiners of Union High 

School 48 

to report library statistics 57 

object of, in forming school districts 60 

should avoid forming joint districts 62 

cannot teach as qualified teacher 80, 95, 96 

must examine teachers in English ..Ci'l 81 

cannot test the truth of the clerk's report . . j ::;- ;,q-].: - - - .87 

how to apportion to joint district 87, 88 

joint school district under whose supervision 90 

may prosecute district clerk .- 96 

when to apportion money . 103 

(for various forms see "Forms.") 



INDEX. 187 

TREASURER: 

(see "County Treasurer" and '-District Treasurer," 



U. 

OtUNIFORMITY : 

' of text books 8,78,109 

UNION HIGH SCHOOL DISTRICT: 

how and when formed 47, 77 

board of, and powers... j 47 

taxes, how levied and collected 47 

board of examiners . 47 

annual meeting of .. 48 

may be formed from different towns . 48 

not to impair pi'imary districts 48 

Board of, how elected and appointed 47, 48 

UNION HIGH SCHOOLS : 

Tuition fee when may be charged ... 47 

taxes to defray expenses of 47 

teachers for, how examined 48 

who to have superintendence of 48 

UNIVERSITY : 

provisions respecting 5, 6, 7 



V. 

YACANCY : 

in District Board, how filled 29, 95, 94 

when vacancy exists 95 

VENTILATION ; 

of school house 107 

VISITATION OF SCHOOLS : 

duty of Town Superintendent 34, 35, 82, 108 

VOTERS : 

(see "Electors.") 



188 INDEX. ' ' 

WAGES : 

tax voted to meet _. 17 

to be specified in contract with teacher 21 

to be reported by District Clerk 23 

public money to be applied in payment of _ 23, 88, 89 

when forfeited 24, 73 

when Board liable for 95, 97 

WARRANT ; 

Clerk to issue to Treasurer. 27 

Treasurer to execute > 27 

may be executed out of town or county 28 

to have force and eflfect of warrant issued by Town 

Clerk 28 

may be renewed 28' 

form of. .„ 154- 



COURSE or STUDY IN NOEMAL INSTITUTES. 



[The following Regulations made and adopted by the Board of 
Normal Regents are here inserted, for the use of High School 
Boards who may wish to avail themselves of the provision made for 
Normal Institutes.] 

The Board of Normal School Regents, in adopting the following 
course of study, deems it a duty it owes to the institutions claiming 
the funds under its control, to state distinctly its view of the re- 
quirements of the law by which the duties of this Board are defined. 
The act setting aside this fund gives power to the Regents to ap- 
propriate only to those institutions "which shall establish and main- 
tain a Normal Institute in connection therewith, for the education of 
teachers," leaving it with the Regents to make and carry out such 
needfal rules and regulations as they shall deem necessary. The 
original Board declared that " a Normal School or Normal Depart- 
ment, as contemplated in this act, is in the estimation of this Board 
one in which students are educated with especial reference to fitting 
them for teaching in our Public Schools." The present Board have 
reiterated this as their decided conviction that this is the only just 
and true interpretation of the intent of the law. 

Nor does this Board understand that the pursuit of any one or 
more of these stixdies, or even the full course, without especial re- 
ference to a preparation for teaching in our public schools, is suffi- 
cient to entitle the college or academy to become a recipient in the 
distribution of the fund. The course must be pursued in connection 
with lectures and constant reference to the theory and practice of 
teaching. It is not so much with reference to giving instruction in 
the facts of the science that the Board have adopted a course of 
study, as to provide means and methods of illustrating lectures by 
actual studies in which the theory shall be reduced to practice. 

It is not sufficient then that these studies are pursued as such, to 
bring the pupil within the definition of studying for the profession 



190 COURSE OF STUDY. 

of teaching, and the Board cannot regard those who, in a regular 
academic or collegiate course may he pursuing the same studies, be- 
cause the Principal or Faculty have prescribed it as their course as 
coming within the meaning and intent of Normal Students. There 
the facts, principles and theories are taught, to fit the student for 
practice in life. 

In the Normal department they must be pursued in connection 
with lectures embracing the following subjects : Education, its 
nature and design ; physical education ; intellectual education ; 
moral education ; resthetical education ; the history of education ; 
and examination of the powers of the mind, especially with refer- 
ence to receiving and communicating knowledge ; school house ar- 
chitecture, including school furniture, grounds, &c. ; organization 
and classification of schools ; graded schools ; modes of teaching 
different subjects ; tlie proper incentives for schools ; rewards and 
punishments; the office of teacher; his duties to himself, his school, 
and the public ; duty to the State, in reference to educating its citi- 
zens ; the educational policy of Wisconsin. 

It is intended in this course of lectures, to present, as nearly as , 
may be, the whole duty of the teacher, and to point out such modes 
of school discipline and management as shall assist the young teacher 
in preparing for his great work. The members of this department 
are also required to write on various topics connected with educa- 
tion, and to discuss in form of debate, such subjects as may be as- 
signed by the Principal of the Institution. 

The Board further propose to examine pupils on the studies of the 
course, and to award in their official capacity a certificate to all who 
shall have passed a creditable examir.ation in the full course a first 
class certificate, and a second class for the first year studies. 

Previous to pursuing the course, the student shall pass an exami- 
nation by the Principal on the following studies ; 

Reading, Spelling, Written Arithmetic, Elementary Algebra, 
Physiology, History of the United States, English Grammar, 
through the ordinary treatise used in the common schools in this 
State, Descriptive Geography, Composition, Elementary Sounds. 

FIRST YEAR. 

Theory and Practice of Teaching, connected with, and illustrated 
by the studies in High School Arithmetic, Physical Geography, 
Political Geography, Algebra, Geometry, Modern History, Analysis 
of Language, Natural Philosophy, Natural Theology, Book-Keeping, 
Elementary of Sounds, Vocal Music. 

SECOND YEAR. 

Theory and Practice of Teaching, connected with and illustrated 
by the studies in History of English Language and Literature. 

Principles of General Grammar, Drawing, Trigonometry, Che- 
mistry, Mineralogy, Geology, Astronomy, Intellectual Philosophy, 



COURSE OF STUDY. 191 

Moral' Philosophy, Constitutions of United States and Wisconsin, 
Political Economy, Calisthenics, Mensui'ation and Surveying, Vocal 
Music, and review of whole course. 

The Board have further provided that the age at which students 
in the Normal Department, may entitle any institution to the benefit 
of the fund on their behalf, shall not be less than sixteen years, — 
with an actual attendance upon the instructions of the department 
of not less than sixty-five days during the year. 

It is hoped on the part of the Board, that they have, made their 
suggestions and regulations so distinct as that, — with a careful study 
of the law under which these regulations are made — there may be no 
difficulty, on the part of those Institutions desiring a participation 
in the income fund of the Board, in understanding and complying 
with them, where there is an honest desire to do so. If, however, 
there should be any important question upon which any institution 
may desire further information, a line addressed to the Secretary or 
either member of the Board will be cheerfully answered. 

Such Institutions as are described in section nine of the act of 
incorporation, which have fully complied with the provisions of said 
act, and the regulations of the Board in establishing and maintain- 
ing a separate Normal Department in 'which is taught the prescribed 
course of study, will be entitled to draw from the Income Fund in 
proportion to the number of properly qualified students who have re- 
ceived instruction therein for the requisite number of days. 

The report of the same must be made to the Secretary of the 
Board, by the 5th day of March of each year, embracing the atten- 
dance to the 1st day of January preceding, — containing distinctly 
the names, ages and residence of each student returned ; with the 
studies pursued, for at least sizty-five days in the separate Normal 
Department, — which report must be signed and sworn to by the Pre- 
sident or Principal, and the Secretary of the Board of Trustees of 
the Institution. 



I 



c?n 



S( 



C1T1\T 



TO RR DKLTVERED BY EACH OFFICER TO HIS SUCCESSOR. 



isa©. 



LfBRARY OF CONGRESS, 

Hf-CEIVED 

AUG 91901 

DIVlSiON OF DOCUMENTS. 



LAWS 



STATE OF WISCONSIN. 



RELATING TO 



Regrnlations for appeals, libraries, &c., instrtictions for soliool 

officers, forins for conclxxctinLg; all necessary proceedings 

■under said la\;v^s, and a Conanaentary; upon the entire 

law, containing full directions for district offi.Gers, 



PREPARED BT THE 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



PUBLIC PROPERTY:" 

TO BE DELIVERED BY EACH OFFICEK TO HIS SUCCBSSOa. 



MADISON: 

JAMES R0S3, STATE PRINTER — PATRIOT OFFICE, 

1859. 



TO DISTRICT OFFICERS, 



The following compilation contains all of the School Code of this State. Aa 
several amendments have been made, officers are to be guided by the law as herein 
published, although it may differ from chapter 23, Revised Statutes. In this edi - 
tion, the Notes have been arranged in the form of a Commentary upon the text of 
the law,, and numbered by sections corresponding to the sections of the law, so that 
the notes to any section will be numbered the same as the section itself. It is be- 
lieved that all the forms necessary are included in the Appendix. School Officers 
are particularly requested to furnish this Department with information in regard to 
any lack in this respect which may come to their notice. 

The Normal School Law, together with the Regulations adopted by the Board o 
Normal Regents, is herewith published, for the benefit of Union Schools who may 
wish to establish Normal Departments. 

This pamphlet is, in all cases, to be considered Public Property, and is to be de- 
livered by each District or Town Officer, receiving the same, to his successor iu 
office. 

S. H. CARPENTER, 

Assistant State Superintendent. 



Tomxgj 



\± 



cj.. , vi! J-; c:i(!; ii >!.'oJ louiloc; oit] lo lift afiif,*noo 0oiJRlicimoo §niwo{Ioi 9iIT 
fiio/-))' ::x; rrr.f aifi o'i iisWus ^'^ o* ''''^'^ 8'ioofflo {Obcra naod orsil gJaembnamB I«*i9V9s 
- jfj9 fifft /rl .aodaiJiJB baaivaS {8£ ■xoiqjjdo mo-il la'BiFj Y,^ra ii xfgDodJff! ,bod3iIcfuq 
io ^y.oi orii rtoqu ^^-xiiinoraffioO js 'io rn-xot o/I) ni begflxi-nfl iraad avjiil aaioTl ait (UoiJ 
i&dA 03- {Vrfil Off* 1o 8/101*398 9ili oi §nibnoqa9T£0o aaoii09a ^cl botacfmun bae .,7ri3l 9x1.1 ' 
-9cr 81 il .Ifoadi; fioilo9a 9ili Eft oausa 9jli bo'igcrcciua ad liivf noiio9a Y.frJ5 ol aoJon 9x1* 
B'XOofftO fooxIoS .xibitgqqA gxli ni babufoni oia Y;'ifi8aoa9fl axn-xoi 9ili llsi ixixf* bavaiJ. 
oi b'iugg'i ni noM/jxrrrdini xflxw ixxaxnlinqgO aixfl xlaiaiul oi b9ia9up9'X xliRlaoiit&ci six; 
.90Xj0fi 'ixgifi 0* 01X100 \pap. doirfw Jogqao'i air!* ni i^al \as; 
biXiofI 9x1* \A baiqobxj aooiJxjI/xgaJI 9x1* Aim 19x1*030* ^trnCL looxioS IcrauoW adT 
'{fiXfi oxiw alooxfoS noixiU to ifignod o&i 'xol ,box{8i[dirq dJJvro'xad si fBixogaH IjsjmoW 

.eiagml-rxsqgQ Ixim-toW daildxiiao 0* daivr 
'Sb sd 0* s! hasi (^itoqoi*! oiliu'i bs'iabiaaoo od oi .asaxso Ilxi ni ,ai *9ldquix!q siriT 
iii 'loagoooifa 8if[ 0* (acaxsa ml) iMiivf-Jorx .leofflO xi'^oT -jo JoiiJaid xloxio \6 bo'rgvif 



l.oo/IoH liojjy 

'^(um hew Hoi'iv 









Um SELAfliW TO MMMOS SMfi9L^' 



CONSTITUTION "ARTICLE lO. 



EDUCATION. 

Section 1. The supervision of public instruction State gupe'^- 
shall be vested in a State Superintendent, and such ot^ier J^^JJJj^®.^*/^ 
officers as the legislature shall direct. The State Super- struction, bow 
intendent shall be chosen by the qualified electors of the elected, and 
State, in such manner as the legislature shall provide; Jl'^^^*J°™P®"'''^-'" 
his powe; s, duties and compensation shall be prescribed by 
law; Provided, that his compensation shall not exceed 
the sum of twelve hundred dollars annually. 

Sec. 2. The proceeds of all lands that have been or W>at to coa- 
hereafter may be granted by the United States to this gj,^j^^^jj|.^y^jj_ 
State for educational purposes, (except the lands here- 
tofore granted for the purposes of a IFniversity,) and all 
moneys, and the clear proceeds of all property, that may 
accrue to the State by forfeiture or escheat, and all 
moneys which may be paid as an equivalent for exemp- 
tion from military duty, and the clear proceeds of all 
fines collected in the several counties for any breach of 
the penal laws, and all moneys arising from any grant 
to the State where the purposes of such grant are not 
specified, and the five hundred thousand acres of land to 
which the State is entitled by the provisions of an act of 
Congress, entitled "An Act to appropriate the proceeds 
of the sales of the public lands, and to grant pre-emption 
rights," approved the fourth day of September, one thou- 
sand eight hundred and forty-one, and also the five per 
centum of the nett proceeds of the public lands to which 
the State shall become entitled on her admission into the 
Union, (if Congress shall consent to such appropriation 
of the two grants last mentioned) shall be set apart as a 
separate fund, to be called the School Fund, the interest 
of which, and all other revenues derived from the school 
lands, shall be exclusively applied to the following ob- 
jects, to wit : 



f be set a- 
iart. 



/How interest 
applied. 



District 
schools to be 
established by 
law, to be free 
and not secta- 
rian. 



Annual tax to 
be raised for 
support of 
schools. 
Amount 
thereof. 

Income of 
school fund, 
how and when 
distributed. 



State univer- 
sity. 



School land 
commission- 
ers. 



LAWS RELATING TO COMMON SCHOOLS. 

i. To the support and maintenance of Common Schools, 
in eacli school district, and the purchase of suitable li- 
braries and apparatus therefor. 

2. The residue shall be appropriated to the support 
and maintenance of Academies and Normal Schools, and 
suitable libraries and apparatus therefor. 

Sec. 3. The legislature shall provide by law for the 
establishment of District Schools, which shall be as near- 
ly uniform as practicable, and such schools shall be free 
and without charge for tuition to all children between 
the ages of four and twenty years; and no sectarian in- 
struction shall be allowed therein. 

Sec. 4. Each town and city shall be required to raise, 
by tax, annually, for the support of Common Schools 
therein, a sum not less than one half the amount received 
by such town or city respectively for school purposes, 
from the income of the School Fund. 

Sec. 5. Provision shall be made by law for the distri- 
bution of the income of the School Fund among the 
several towns and cities of the State, for the support of 
Common Schools therein, in some just proportion to the 
number of children and youth resident therein, between 
the ages of four and twent}^ years, and no appropriation 
shall be made from the School Fund to any city or town, 
for the year in which said city or town shall fail to raise 
such tax, nor to any school district for the year in which 
a school shall not be maintained at least three months. 

Sec. 6. Provision shall be made by law for the estab- 
lishment of a State University, at or near the seat of 
government, and for connecting with the same from time 
to time such colleges in different parts of the State, as 
the interests of education may require. The proceeds 
of all lands that have been or may hereafter be granted 
by the United States to the State for the support of a 
University, shall be and remain a perpetual fund, to be 
called the "University Fund," the interest of which 
shall be appropriated to the support of the State Uni- 
versity; and no sectarian instruction shall be allowed in 
such University. 

Sec. 7. The Secretary of State, Treasurer and Attor- 
ney General, shall constitute a Board of Commissioners 
for the sale of the School and University Lands, and for 
the investment of the funds arising therefrom. Any 
two of said commissioners shall be a quorum for the 
transaction of all business pertaining to the duties of 
their oflBce. 



LAWS RELATING TO COMMON SCHOOLS. , f 

Sec. 8. Provision shall be made by law for the sale of Lauds how 
all School and University Lands, after they shall liave'^*^^*^- 
been appraised, and where any portion of such lands 
shall be sold, and the purchase money shall not be paid 
at the time of sale, the Commissioners shall take security 
by mortgage upon the land sold for the sum remaining 
unpaid, with seven per cent, interest thereon, payable 
annually at the office of the Treas^j^rer. The Commis- 
sioners shall be authorized to execute a good, and sufficient 
conveyance to all purchasers of such lands, and to dis- 
charge any mortgages taken as security when the sum 
due thereon shall have been paid. The Commissioners Powers of 
shall have power to withhold from sale any portion of commission- 
such lands when they shall deem it expedient, and shall ^^^" 
invest all moneys arising from the sale of such lands, as 
well as all other University and School Funds, in such 
manner as the legislature shall provide, and shall give 
such security for the faithful performance of their duties 
as may be required by law. 



CHAPTER lO.-REVISED STATUTES. 



Sec. 59. There shall be elected at the next go^ieral gj*^ ^upe^m- 
election, and biennially thereafter, a State Superintend- elected and 
ent, whose term of office shall commence on the first day Ms term of of- 
of January next succeeding his election, and continue fi*^®- 
for the term of two years, and until his successor is 
elected and qualified. 

Sec. 60. The State Superintendent shall, before he Oath of office, 
enters upon the duties of his office, take and subscribe 
an oath to support the constitution of the United States, 
and of the State of Wisconsin, and faithfully to dis- 
charge the duties of his office to the best of his ability, 
which oath shall be filed in the office of the Secretary of 
State. 

Sec, 61. The said Superintendent shall receive for his His salary, 
services the sum of twelve hundred * dollars per annum, 
payable quarterly in advance, with his actual postage, 
and the necessary stationery for his office, payable 
quarter yearly out of the State Treasury. 

Sec. 62. He shall have a general supervision over the His duties. 
Common Schools in this State, and it shall be his duty, 
as far as practicable, to visit every county in this State, 
for the purpose of inspecting the schools, awakening 

-"- Ch. 203, laws 1859. 



LAWS RELATING TO COMMON SCUOOLS, 

an interest favorable to the cause of education, and dif- 
fusing as widely as possible, by public addresses and 
personal communication with school officers, teachers 
and parents, a knowledge of existing defects, and of 
desirable improvements in the government and the in- 
struction of the schools. 
Hiaduties. Sec. 63, It shall be his duty to recommend the intro- 

duction of the most approved text books, and as far as 
practicable to secure a uniformity in the use of texfc 
books in the Common Schools throughout the State ; to 
discourage the use of sectarian books and sectarian 
instruction in the schools; to advise in the selection of 
books for school district libraries ; and to open such 
correspondence abroad as may enable him to obtain, so 
far as practicable, information relative to the system of 
Common Schools, and its improvements in other States 
and Countries, which he shall embody in his Annual 
Report to the Legislature. 
Ibid. Sec. 64. He shall prescribe rules and regulations for 

the management of school district libraries, and the 
penalties which shall be imposed by District Boards for 
any violation of such rules and regulations ; he shall 
prepare for the use of Common School officers, suitable 
forms for making reports, and conducting all necessary 
proceedings, and he shall cause the laws relating to 
Common Schools, with the rules, regulations and forms 
aforesaid, and such instructions as he shall deem neces- 
sary, to be printed together, with a suitable index, in 
pamphlet form, by the person authorized to do the State 
printing, at the expense of the State ; and he shall cause 
the same to be distributed among the several school 
districts and other officers having the care of Common 
Schools throughout the State. 
To examine ggc. 65. He shall examine and determine all appeala 
appc1ril!''°''°° ^"^y made to him from the decision of any school dis- 
trict meeting, or from the decision of any Town Super- 
intendent in forming or altering, or in refusing to form 
or alter any school district, or concerning any other 
matter under the Common School law of this State, 
and his decision thereon shall be final. 
BookSjCharts, Sec. 66. It shall be the duty of the State Superinten- 
^o- dent to collect in his office sucli school books, apparatus, 

maps and charts as can be obtained without expense to 
the State, and also to purchase, at an expense not ex- 
ceeding fifty dollars a year, rare and valuable works on 
education, for the benefit of teachers, authors, and 
others who may wish to consult them ; and the said sum 



LAWS RELATING TO COMMON SCHOOLS. » 

is hereby annually appropriated for this purpose out 
of any moneys in the treasury not otherwise appro- 
priated. 

Sec. 67. He shall prepare in each year a report, to be To report, 
submitted to the Legislature on or before the tenth day 
of December in each year, containing — 

1. An abstract of all the Common School reports re- What to con- 
ceived by him from the several Clerks of the County *'^^'^- 
Boards of Supervisors ; 

2. A statement of the condition of the Common Schools 
in this State ; 

3. Es'iimates and accounts of expenditures 'of the 
school moneys ; 

4. Plans for the improvement and management of the 
Common School Fund, and for the better organization of 
the Common Schools. And — 

5. All such matters relating to his office, and the Com- 
mon Schools of the State, as ho shall deem expedient to 
communicate. 

Sec. 68. It shall be the duty of the State Superinten- Apportion- 
dent, between the tenth and fifteenth days of March in f;^"/iQ^o''^°^^ 
each year, to apportion and distribute the income of the 
State Fund for the support of Common Schools, which 
shall have been received up to the tenth of March in 
each year, among the several counties of this State, and 
the share of each county among its respective towns 
and cities ; such apportionment shall be made among 
the several towns and cities according tx) the number of 
children in each, over the age of four, and under the - ■■, 

age of twenty years, according to the returns thereof as *-~s,. ^ 

made to his office for the preceding year. 

Sec. 69. He shall certify such apportionment to the To certify ap- 
Treasurer of the State, and shall give immediate notice portionment 
thereof to the Clerk of each County Board of Super- ^^'jjj'"^;^'';'^^ 
visors, stating the amount apportioned to his county, tice of same to 
and to each town and city therein, and the time when county clerks. - 
the same will be payable to the Treasurer of such 
county. 

Sec. 70. The State Superintendent shall have an office Where to keep 
at Madison, where shall be deposited all papers and docu- '^'^ °^^® 
ments appertaining to the business of his office ; and to 
which place communications on the subject of Common 
Schools may be addressed to him. 

Sec. 71. Copies of all papers deposited or filed in the Copies of his 
office of the State Superintendent of Common Schools, P'jP^^f^^*'^*:^' 
and all acts and decisions of such Superintendent may jence. 



10 



LAWS RELATING TO COMMON SCHOOLS. 



Traveling ex 
peases. 



be certified by him ; and wlien so certified, shall be evi- 
dence equally and in like manner as the originals. 
Assistant _ Sec. 72. The State Superintendent shall have power 
state superin- ^q appoint under his hand and seal an Assistant Super- 
intendent of Public Instruction, who shall take the con- 
stitutional oath of office, which shall be filed in the office 
of the Governor ; and such Assistant shall perform such 
duties as his principal shall prescribe, not inconsistent 
with law, and shall receive an annual salary of one thou- 
sand dollars,* to be paid quarter yearly as the salaries 
of State officers are paid, and such Assistant shall be 
styled the Assistant State Superintendent, and the State 
Superintendent shall be responsible for all of the acts of 
such Assistant. 

Sec. 73. There is hereby appropriated annually to the 
Superintendent of Public Instruction, out of any money 
m the Treasury not otherwise appropriated, the sum of 
six hundred dollars, to defray traveling expenses, in 
making official visits as required by law : said appro- 
priation to be drawn in such sums and at such times as 
the State Superintendent may elect. 

Sec. 74. The State Superintendent shall submit in his 
Annual Report a statement of his travels in making offi- 
cial visits during the past year. 

Sec. 75. There is hereby appropriated out of any 
moneys in the State Treasury, not otherwise appropri- 
ated, the sum of eight hundred dollars annually, to the 
Superintendent of Public Instruction, for the purpose of 
defraying: the expenses of clerk hire in the office of said 
Superintendent of Public Instruction; said sum to be 
drawn quarterly by said Superintendent, and to be dis- 
bursed by him for the purpose herein named; Provided^ 
that said sum of eight hundred dollars shall be in full 
for the annual payment of all clerk hire of said Depart- 
ment. 



To report. 



Clerk hire. 



CHAPTER 138.-GENERAL LAWS, 1858. 



dent. 



Annualreport Sec. 9. Section two, of chapter ninety-nine, of the 
of supennten- (General Laws of 1857, is hereby so amended as to except 
the State Superintendent of Public Instruction from 
being required to make his annual report to the Gover- 
nor within ten days after the close of the fiscal year; 
and said State Superintendent shall make his report, and 



Ch. 203, Laws 1859. 



LAWS RELATING TO COMMON SCHOOLS. 11 

deliver it on or before the (lOtli) tenth day of December 
in each year to the Governor, -who, within three days 
thereafter, shall deliver the same to the contractor or 
person authorized to do the public printing of the State; 
and when printed, one thousand copies thereof shall be 
delivered by the Superintendent of Public Property to 
the Superintendent of Public Instruction, for the use of 
his Department. 



CHAPTER 13.-REVISEE> STATUTES. 



OP THE BOARD OP COUNTY SUPERVISORS. 

Sec. 28. In addition to the ordinary powers and du- Specialpow- 
ties of the several County Boards of Supervisors enu- ^^l ^°"^*y 
merated in the preceding section, the following special 
powers are conferred upon them, subject to such modifi- 
cations and restrictions as the legislature shall from time 
to time prescribe, to wit : 

4. To authorize the levying and collecting of taxes 
for specific purposes in any town or school district, not 
exceeding one thousand dollars, when such town or school 
district is not authorized by law to levy and collect the 
same, or so large an amount; and to authorize the issu- 
ing and renewal of any warrant for the collection of 
town, school or road district taxes, as they shall deem 
just and expedient, when the same is not otherwise au- 
thorized by law; Provided, a majority of the electors of 
such town or school district shall, at some duly organized 
meeting, vote that such a tax be raised. 

OF CLERK OP THE BOARD OP SUPERVISORS. 

Sec. 60. Whenever the clerk of the Board of Super- J^J>™ty^clerk 
visors of any county shall receive from the State Super- ^f apportiou- 
ihtendent notice of the apportionment of school moneys ment, and 
to be distributed in the county, he shall file the same in send copy to 
his office, and transmit a certified copy thereof to the u^er. 
County Treasurer; and such clerk shall also lay a certi- 
fied copy thereof before the Board of County Supervisors, 
at their next annual meeting. 

Sec. 61. It shall be the duty of the clerk of the Board To inform 
of Supervisors, in each county, on the last Monday in s*^*^ superin- 
December in each year, to transmit to the State Super- ^.^^ ^^ ^Q^^^y 
intendent, certified copies of all resolutions and proceed- board con- 
ings of the Board of Supervisors of which he is clerk, cerning school 
passed or had during the preceding year, relating to the ^^ ^^^' 



12 LAWS RELATING TO COMMON SCHOOLS. 

raising of any money for school purposes, and to report 
the amount to be raised in each town in such county. 



CHAPTER l.-.-REVISED STATUTES. 



POWERS AND DUTIES OF TOWNS. 

flertoraft ^^^- -' ^he qudified electors of each town shall have 

towu meet- power at any le^al meeting thereof to vote to raise such 

ings. sum of money for the support of Common Schools, in 

ad<lition to the amount required by law to be raised, as 

they may deem necessary. * * * * 

OP TOWN BOARD. 

Boardto audit g^c. 81. The said Board shall also, at their annual 

town superin- .•• i • it,., 

tendent'sac- naoetmg in each year, examine and audit the accounts 

counts. of the Town Treasurer, and the Town Superintendent of 

schools, for all moneys received and disbursed by them 
as such officers. >;=*** * * 

Pay of town. Sec. 93. Supervisors, Assessors, Clerks of the Polls, 
supermtend- ^^^ Superintendents of Schools, shall be entitled to a 
compensation for each day actually and necessarily de- 
voted by them to the service of the town, and in the 
discharge of any of the duties of their respective oflBces 
required of them by law, of onf^ dollar and fifty cents for 
each day, and at the same rates for parts of a day. 



CHAPTER 28.-REVISED STATUTES. 



^^^erfnfenT'' ^^^' ^^-' "^^^^ "^^^^^ Superintendent of Schools in 

entin regard ^ach town, shall be authorized to sell the fallen timber 

to school and the grass growing upon any unsold School or Uni- 

landa. versity lands in his town, if such lands are not leased by 

the Commissioners, and shall pay the proceeds thereof 

into the County Treasury, for the benefit of the School 

or University Fund, and shall immediately report the 

amount so paid, to the State Treasurer. 



CHAPTER 1G5.-REVISED STATUTES. 



Duty of town Sec. 55. It is hereby made the special duty of th& 
superintend- gyppj.ijjtendent of Schools in each town, who may have 
trespasro^n" knowledge of, or who may receive information of, any 
BcLool lands, offence mentioned in the two next preceding sections of 



LAWS RELATING TO COMMON SCHOOLS. 13 

this chapter [cutting timber or removing minerals from 
School or University Lands,] to lortliwith inform the 
Dit«trict Attorney of the county in which he shall reside, 
of the trespass committed, of the name of the trespasser 
or trespjissers, and of the name of the witness or wit- 
nessesm the case. 



CHAPTER 18.-REVISED STATUTES. 



-OF THE ASSESSMENT AND COLLECTION OF TAXES. 

Sec. 53. The Board of County Supervisors, at their Amount to be 

annual meeting in each year, shall estimate and deter- "[^^'J ^°J 

, ° , o \ 1 • 1 • ^ schools by tax 

mine the amount oi moneys to be raised in each town in towns. 

and ward in their county, for the support of Common 
Schools therein for such year, which tax shall be levied 
and collected in each year, and shall not be less than one- 
half the amount of school moneys apportioned to such 
town and ward by the State Superintendent in his last 
apportionment of school moneys, nor shall the amount 
so raised for school purposes exceed three mills on the Limited, 
dollar in any one jenr, upon the valuations of taxable 
property in such county; every such determination for T)etermina- 
the raising of school moneys by the said Board h-hall be*'°" *" ^°"' 
recorded by their clerk, and the sum so determined tobe*'°^ ^ ' 
raised shall be assessed and collected for the use of Com- 
mon Schools m each town and ward in such county, in 
addition to any sum any sue'- town or ward may have 
voted to raise for the support of Common Schools therein. 

Sec. 54. Whenever there shall have been no distribu- How amount 
tion of school monejs to any town or ward in any year, °^ school tax 
the County Board of Supervisors shall, at their annual ^hen tJwn 
me( ting in that year, direct to be raised on the valuation has drawn no 
of the taxable property in such town or ward, the same ^'''^°°|,™°°®y® 
per centage or proportionable amount of taxes for theje^^ ^°^ 
support of Common Schools therein, as shall be requir- 
ed to be raised for that purpose in other towns in such 
county. 



. CHAPTEIl 96.-LAWS OF 1S59. 

AN ACT to amend chapter 18, of th.. Roviserl Statutes, entitled "of 
. . the Assessment and collection of Taxes." 

^^^ej^eople of the. State , of Wl,seonsiri,r ('presented in 
Senate and Assembly^ do enact as follows : 

.Sbcxion 1.. Whenever anyorganizcd town in this State 



14 



LAWS RELATING TO COMMON SCHOOLS. 



How remedi- 
ed. 



Failure to shall have failed to levy, collect or paj over to the County 
raise tax. Treasurer of the county in which such town is situated, 
any State, County or school tax, apportioned to and charged 
against such town in any year, and now is, or shall here- 
after be delinquent for the same or any part thereof, it 
shall be lawful, and it is hereby made the duty of the 
Board of Supervisors of the county in which such town 
shall be situated in any succeeding year thereafter, to 
charge over any, and all such delinquent taxes, and a 
penalty of twenty-five per cent, to the town thus delin- 
quent, and add the same to the amount of the annual or 
current tax apportioned to such town. 
Duty of clerk Sec. 2. It shall be the duty of the clerk of the Board 
of Supervisors to certify such gross amount of tax to the 
clerk of such delinquent town in the same manner and at 
the same time as he is now required by law to certify the 
annual apportionment of taxes as provided in section 56 
of the chapter to which this act is amendatory. 

Sec. 3. It shall be the duty of the town clerk of such 
town to calculate and carry out such gross amount of de- 
linquent and current tax, in the manner and at the time 
now provided by law for carrying out taxes, as provided 
in section 59, of the chapter to which this act is amen- 
datory. 

Sec. 4. Any town clerk who shall hereafter neglect or 
refuse to calculate and carry out upon the nssessment 
roll, any tax or taxes apportioned to any town and certi- 
fied to him by the clerk of the Board of Supervisors of the 
county in which such town is situated, and attach a vfar- 
rant thereto, and deliver the same to the Treasurer of his 
town as provided by law, shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be punish- 
ed by fine not less than five hundred dollars, nor more than 
one thousand. 

Sec. 5. This act shall take effect and be in force from 
and after its passage. 



of county 
board. 



Duty of town 
clerk. 



Penalty for 
neglect. 



Take effect. 



CHAPTER 3<t.-REVISED STATUTES. 



OF THE DISTRIBUTION OF THE INCOME OF THE SCHOOL 
FUND. 

ThaTcoun? ^^^' ^' ^^® income of the State Fund for the support 
school^fimd^to of Common Schools, which shall be received up to the 
be distributed tenth day of March in each year, shall be distributed an- 
Wbo shall ap- nually, between the tenth and fifteenth days of March in 
moneT. ^° ^° ®^ch year, or as soon thereafter as practicable, among 



LAWS RELATING TO COMMON SCHOOLS. 15 

the several counties in this State, from which reports 
have been received by the State Superintendent, agree- 
ably to law. 

Sec. 2. The Treasurer of each county shall apply for 
and receive of the State Treasurer the school moneys 
apportioned to his county, as soon as the same shall be- 
come payable. 

Sec. 3. Each County Treasurer receiving such moneys County treas- 
shall immediately give notice in writing to the Treasurer ^'^^.^^^g^^® 
of each city, and to the Town Superintendent of each ^^^^^^^^ °appor- 
town in his county, of the amount apportioned to such tioned to each 
town or city, and shall hold the same, subject to the order to'^" '^^'^ ^^*y- 
of such City Treasurer or Town Superintendent. 

Sec. 4. In case the Treasurer of any such city, or the Money not 
Town Superintendent of any such town, shall not apply ^Jj|^|™*^^^®g 
for and receive such moneys before the next receipt of amount next 
school moneys apportioned to the county, the moneys so to be appor- 
remaining with the County Treasurer shall be added to tio'i^*^- 
the moneys next received by him from the State Super- 
intendent, and distributed therewith, and in the same 
proportion, among the several towns and cities entitled 
thereto, in such county. 

Sec. 5. Whenever it shall not appear from the certi- ^7^^*^^ ^°™' 
fied statement of the clerk of the Board of Supervisors tied to appor- 
in any county, made to the State Superintendent, that tionment. 
the amount required by law to be raised for school pur- 
poses has been directed to be raised during the year by 
the Board of Supervisors of such county, the Superin- 
tendent shall not apportion any of the State School 
Funds to such county, and in such case the moneys so 
withheld shall be added to the principal of the Common 
School Fund. 



LAWS RELATING TO COMMON SCHOOLS. 17 



OF COMMON SCHOOLS. 



CHAPTKRI33.-REVISED STATUTES. 



SCHOOL DISTRICTS. 

Section 1. Whenever a school district shall be formed Notice "of for- 
in any town, it shall be the duty of the Town Superin-™^*^°^^J'^^ 
tendent, within twenty days thereafter, to prepare a no- place' of first 
tice in writing of the formation of such district, describ- meeting of _ 
ing its boundaries, and appointing a time and place for ^°'^°°^'^^^*'^^°* 
the first district meeting, and to deliver such notice to a 
taxable inhabitant of the district.* 

Sec. 2. The Town Superintendent shall, in such no- Notice how 
tice, direct such inhabitant to notify every qualified served and re- 
voter of the district, either personally or by leaving a*'^'^^^ ' 
written notice at his place of residence, of the time and 
place of such meeting, at least five days before the time 
appointed therefor; and it shall be the duty of such in- 
haliitant to notify the voters of such district, agreeably 
to the requirements of said notice, and indorse thereon 
a return containing the names of the persons by him 
notified ; and said notice and return shall be recorded 
as a part of the record of the first meeting in such dis- 
trict, f 

Sec. 3. In case such notice shall not be given, or the Notice to be 
inhabitants of a district shall refuse or neglect to assem- sy^^^ jn case 
ble or form a district meeting, when so notified, or in "t-tend first 
case any school district having been formed and organ- meeting, 
ized, sliall afterwards be dissolved, so that no competent 
authority shall exist therein to call a special district 
meeting m the manner hereinafter provided, notice shall 
be given by the Town Superintendent, and served in 
the manner prescribed in the preceding section. | 

Sec. 4. Whenever a district meeting shall be called DutyV elect- 
in the manner prescribed in the preceding sections of°^^' 
this chapter, it shall be the duty of the electors of the 
district to assemble at the time and place mentioned in 
such notice. 

Sec. 5. Every person shall be entitled to vote in any Who entitled, 

to vote. 

* See Forms Nos. 1, 2, and 3. f Nos. 4 and 5. J No. 6. 

3 



18 LA^VS RELATING TO COMMON SCHOOLS. 

scliool district meeting of this State, "wlio is qualified to 
vote at a general election for State and county officers, 
and who shall have resided for the last ten days in the 
district where he or they may oifer to vote. 
Challenge and Sec. 6. If any person offering to vote at a school dis- 
proceedings ^Yid meeting shall be challenged as unqualified by any 
lega,l voter in such district, the Chairman presiding at 
such meeting shall declare to the person challenged, 
the qualifications of a voter; and if such challenge shall 
not be withdrawn, the Chairman shall tender him the 
following oath or affirmation : " You do solemnly swear 
(or affirm, as the case- may be) that you have been an 
actual resident of this school district for the last ten 
days, and that you are qualified according to law to 
vote at this meeting." And every person taking such 
oath or affirmation shall be permitted to vote on all 
questions proposed at such meeting, but if any person 
shall refuse to take such oath or affirmation, his vote 
shall be rejected. 
When district Sec. 7. Every school disti'ict shall be deemed duly 
"■anized °^' organized when any tw© of the officers elected at the 
first legal meeting thereof, shall have consented to serve 
for the offices to which they have been respectively 
elected, by a written acceptance thereof filed with and 
recorded by the clerk ; and every school district shall 
be considered as legally organized after it shall have 
exercised the franchises and privileges of a district for 
the term of two years.* 
Districts to be Sec. 8. Every school district organized in pursuance 
bodies corpo- of this chapter, or which has been organized under any 
^^ ^' previous law of the State or Territory of Wisconsin, 

shall be a body corporate, and shall jDOSsess the usual 
powers of a corporation for public purposes, by the 
name and style of " School district number (such num- 
ber as shall be designated by the Town Superintendent 

in the format. on thereof) of " (the name of the 

town or towns in which the district is situate,) and in 
that name shall sue and be sued, and be capable of 
contracting and being contracted with, and of holding 
such real and personal estate as is authorized to ]>o 
purchased by the provisions of this chapter, and of 
selling the same. 

DISTRICT MEETINGS. 

Annual meet- Sec. 9. The annual meeting of each school district 
ing. shall be held on the last Monday of September in each 

* See Form No. 7. 



LAWS RELATING TO COMMOX SCHOOLS. 19 

year ; the hour of such meeting shall be six o'clock in 
the afternoon, unless otherwise provided by a vote of 
the district, duly recorded, at the last previous annual 
meeting. 

Sec. 10. No annual meeting shall be deemed illegal ^'ot illegal for 
for want of due notice, unless it shall appear that the^^^*°^^°*^^® 
omission ;,to give such notice was willful and fraudu^ 
lent.-' 

Sec. 11. The inhabitants qualified by law to vote at ^'o'^^^V? ^^>^" 
a school district meeting, when assembled at the first J^'g^yn'ol*^^^* 
and each annual meeting in their district, shall have 
power — 

1st. To appoint a Chairman for the time being. 

2d. To adjourn from time to time as occasion may 
require. 

3d. To cho )se a Director, Treasurer and Clerk. 

4th. To designate a site for a district school house. 

5th. To vote such tax on the taxable property of the 
district, as the meeting shall deem sufiicient to purchase 
or lease a suitable site for a school house, and to build, 
hire or purchase such school house, and to keep in re- 
pair and furnish the same with the necessary fuel and 
appendages. 

6th. To vote a tax on the taxable property of the dis- 
trict of such sum as the meeting shall deem proper for 
the pay of teachers' wages in the district. 

7th. To authorize and direct the sale of any'school 
house, site, or other property belonging to the district, 
when the same shall no longer be needful for the use of 
the district. 

8th. To impose such tax as may be necessary to dis-- 
charge any debts or liabilities of the district lawfully in- 
curred. 

9th. To vote a tax, not exceeding twenty dollars in 
any one year, for the purchase of globes, black boards, 
outline maps, or any apparatus for illustrating the prin- 
ciples of agriculture, chemistry, or the mechanic arts. 

10th. To give such direction and make such provision 
as may be deemed necessary in relation to the prosecu- 
tion or defence of any action or proceeding in which the 
district may be a party or interested. 

11th. To alter, repeal and modify their proceedings as 
occasion may require. 

" See Form No. 8. 



20 



LAWS RELATING TO COMMOX SCHOOLS 



How called, 
to elect offi- 
cers. 



Special meet- Sec. 12. Special district meetings may be called by 
^^S^- the Clerk, or, in his absence, by the Director or Treas- 

urer, on the written request of any five legal voters of 
the district, by notifying all the legal voters in such dis- 
trict ; and the inhabitants qualified by law to vote, when 
lawfully assembled at a special meeting, shall have power 
to transact the same business as at the first apd each an- 
nual meeting.* 

Sec. 13. Whenever the time for holding an annual 
meeting in any district for the election of district offi- 
cers shall pass without such election being held, the 
Clerk, or, in case of his absence, either the Director or 
Treasurer last elected, within twenty days after the time 
of holding such meeting shall have passed, may notify 
a special meeting for such election in the manner pre- 
scribed in the twelfth and twenty-ninth sections of this 
chapter ; but if such meeting shall not be notified within ■ 
twenty days as aforesaid, the Town Superintendent may 
order any taxable inhabitant of such district to notify 
such meeting in the manner provided in this chapter for 
the formation of a new district ; and the officers chosen 
at such special meeting shall hold their offices until the 
time for holding the next annual meeting.* 
Tax for school Sec. 14. No tax to be voted by a district meeting for 
house, limited building, hiring or purchasing a school house, shall 
exceed the sum of five hundred dollars, unless the Town 
Superintendent of the town in which the school house is 
to be situated, shall certify in writing his opinion that 
a larger sum ought to be raised, and shall specify the 
sum, in which case a sum not exceeding the sum so 
specified may be raised ; and in districts composed of 
parts of several towns, the certificate of a major part 
of the Superintendents of said towns shall be necessary 
for such purpose, f 
Powers of vo- Sec. 15. The qualified voters, at each annual meet- 
ters at annual ing, may determine the length of time a school shall be 
taught in their district the then ensuing year, which 
shall not be less than three months, and whether such 
school shall be taught by a male or female teacher, or 
both, and whether the school moneys to which the 
district is entitled from the Common School Fund and 
from the town, shall be applied to the support of the 
summer or winter term of the school, or a certain por- 
tion to each; but if such matters shall not be determin- 
ed at the annual meeting, the District Uoard shall have 



meetinc 



*Sec Forms No. 6 and 9. Also see section 29. f No. 11. 



LAWS RELATING TO COMxMON SCHOOLS. 21 

power and it shall be their duty to determine tho 
same. 

DISTRICT OFFICERS AND THEIR DUTIES. 

Sec. 16. The officers of each school district shall be District offl- 
a Director, Treasurer and Clerk, who shall hold their cers, term of 
respective offices three years, and until their successors '^^^"^''^■^• 
shall have been chosen, or appointed, but not beyond 
ten days after the expiration of their term of office, 
without being again elected or appointed : Provided., 
that at the first annual election of district officers after 
the passage of this act,* and at the first election of such 
officers in any newly organized district, the Clerk shall 
be chosen for one year, the Treasurer for two years, and 
the Director for three years ; and thereafter each officer 
shall be chosen for three years. Any person present at piq,,.^ notified 
a school district meeting at which he shall be elected of tlieir elec- 
one of the District Board, shall be deemed to be noti- *^°°- 
fied thereof, and any person so elected, and not present, 
shall be notified thereof by the Clerk of such meeting 
within five days thereafter ; and unless each person so 
elected and notified shall, within ten days after his elec- 
tion, file with the Clerk his refusal in writing to accept 
the office, he shall be deemed to have accepted the 
same ; and any person appointed to fill a vacancy shall 
file with the Clerk his acceptance in writing before en- 
tering upon the duties of the office to which he has been 
appointed. I 

DIRECTOR. 

Sec. 17. It shall be the duty of the Director of each Director, Ms 
district to sign, together with the Clerk, all orders drawn (^'-i^ies. 
by the Clerk upon the Treasurer of the district for mo- 
neys received by him to be disbursed therein. f 

Sec. 18. The Director shall appear for and on behalf 
of the district, in all actions brought by or against the 
district, when no other direction shall be given by the 
qualified voters of such district at a district meeting. 

TREASURER. 

Sec. 19. It shall be the duty of the Treasurer of Duties of trea- 
each district to apply for and receive from the Towns^rer. 
Superintendent, all school moneys apportioned to his 
district, and pay over, on the order of the Clerk and 
Director of such district, all moneys so received by 
him. 

Sec. 20. The Treasurer shall present to the district j^g annual 

report. 

*1858. t See Forms Nos. 7, 12, 13, 14 and 24. 



,22 



LAWS RELATING TO COMMON SCHOOLS. 



To give lioncl. 



at each annual meeting a report in writing, containing a 
statement of all moneys received bj him during the 
preceding year, and of the disbursements made by him, 
with the items of such disbursements, and exhibit the 
vouchers therefor; also a statement of all taxes assessed 
upon the taxable property of the district during the 
year, the purposes for wliich such taxes were assessed, 
and the amount assessed for each particular purpose, 
which report shall be recorded by the Clerk ; and if it 
shall appear that any balance of moneys is in the hands 
of such Treasurer at the time of making his final report, 
he shall immediately pay over such balance to his suc- 
cessor in office."' 

Sec. 21. Tlie Treasurer shall, within ten days after 
his election, execute to the district a bond in double the 
amount of money, as near as can be ascertained, to 
come into his hands as Treasurer, witli sufficient sure- 
ties, to be approved by the Director and Clerk, condi- 
tioned for the faithful discharge of the duties of his 
office ; and if he sliall fail so to do, his office shall be 
vacant/)' 

Sec. 22. Such bond shall be filed with the Clerk, and 
in case of any breach of the condition thereof, the Di- 
rector shall cause an action to be commenced thereon 
in tlie name of the district ; and the money, when col- 
lected, shall be applied by such Director to the use of 
the district, as the same should have been applied by 
the Treasurer, 

Sec. 23. If the Treasurer shall fail to give a bond as 
is required in this chapter, or shall decline to accept his 
office, the said Board shall appoint a Treasurer, who 
shall possess all tlie powers of the District Treasurer, 
and shall, before entering upon the duties of his office, 
give a bond to the district in double the amount of 
moneys to come into his hands, as near as can be ascer- 
tained, in the same manner and with the same effect as 
the District Treasurer is required to give. 

Sec. 24. If such Treasurer shall refuse or neglect to 
pay over any balance remaining in his hands, it shall 
be the duty of his successor in office to prosecute 
without delay his official bond for the recovery of such 
balance, 

CLERK. 

Duties Of clerk Sec. 25. It shall be the duty of the Clerk of each 
district to record the proceedings of his district in a book 



Bond to be 
filed. 



Board may 
appoint. 



Bond, Tvlion 
prosecuted. 



Form No. 15. 



J Form No. 16. 



LAWS RELATING TO COMMON SCIIOOLS. 23 

to be provided by the district for that purpose ; to enter 
tberein copies of all reports made by liim to tlie Town 
Superintendent, and to keep and preserve all records^ 
books, and papers belonging to his office, and deliver 
the same to his successor m office. 

Sec. 26. He shall be Clerk of the District [Board], and lu case of ab- 
of all district meetings when present, but if he shall ^''^°^- 
not be present at any district meeting, the qualified vot- 
ers present may appoint a Clerk of such meeting, who 
shall certify the proceedings thereof, and the same shall 
be recorded by the Clerk of the District. 

Sec. 27. The Clerk shall contract with and hire qual- To employ 
ified teachers for and in the name of the district ; which *'^''^'^^^^^^- 
contract shall be in writing, and shall have the consent 
of either the Director or Treasurer, or both, endorsed 
thereon, and shall specify the wages per week or month, 
as agreed upon by the parties, and such contract so com- 
pleted shall be filed in his office. '•■ 

Sec. 28. The District Board shall provide the neces- Duty of dis- 
sary appendages for the school house, and keep the same *^'^*^* ^o^^'*^^- 
in good condition and repair during the time a school 
shall be taught therein; and they shall keep an accurate 
account of all expenses incurred by them, and present 
such account for allowance to the qualified voters at a 
regular district meeting; and the amount of such ac- 
count as allowed by such meeting may be assessed and 
collected in the same manner as other district taxes, but 
no such account shall be allowed at a special district 
meeting, unless the intention to present the same shall 
be specified in the notice for such meeting. 

Sec. 29. It shall be the duty of the clerk to give at Meetings, 
least six days previous notice of every annual and spe- ^^^^^ to gi'^^ 
cial district meeting, by posting up notices therefor in 
four or more public places in the district, one of which 
notices shall be affixed to the outer door of the school 
house, if there be one in the district; and he shall give 
the like notices for every adjourned district meeting. Special meet- 
when such meeting shall have been adjourned for a longer ^^ss- 
period than one month; every notice for a special district 
meeting shall specify the objects for which such meeting 
is called, and no business shall be acted upon at any spe- 
cial meeting which was not specified in such noticef. 

Sec. 30. It shall be the duty of the clerk, between the derk to re- 
first and tenth days of September in each year, to make ^^°^'" 
and transmit a report in writing, signed by him, to the 
Town Superintendent, dated on the first day of Septem- 

" See Form No. 17. fSee Forms Nos. 8, 9 10. 



24 



LAWS RELATING TO COMMON SCHOOLS. 



ber, in the year in which it shall be transmitted, show- 



inff 



Contents of 
report. 



1st, The number of children, male and female, desig- 
nated separately, residing in the district on the last day 
of August previous to the date of such report, over the 
age of four, and under the age of twenty years; 

2nd. The number attending school during the year 
under the age of four, and the number over the age of 
twenty years; 

3rd. The whole number that have attended school dur- 
ing the 3^ear; 

4th. The length of time a school has been taught dur- 
ing the year by a qualified teacher, the name of each 
teacher, the length of time taught by each, and the wages 
paid to each; 

6th, The average length of time scholars over the age 
of four, and under the age of twenty years, have attend- 
ed school during the year; 

6th. The amount of moneys received from the Town 
Superintendent within the year, and the manner in which 
the same has been applied; 

7th. The amount raised by the district in such year, 
and the purposes for which it was raised; 

8th. The kind of books used in the school; 

9th. Such other facts and statistics in regard to the 
school and the subject of education as the State Super- 
intendent may direct. 
Blanks. Sec. 31. The State Superintendent is hereby author- 

ized and required, on or before the 1st day of June in 
each year, to furnish to each School District Clerk in 
the State, a blank form, upon Avhich such officer shall 
make his annual report to the Town Superintendent of 
his own town. 
School money Sec. 32. It shall be the duty of the clerk to draw 
how disbursed Q^^gj.g ^^ ^-^^ Treasurer of the "district for money in the 
hands of such Treasurer, which has been apportioned to, 
or raised by, the district, to be applied to the payment 
of teachers' wages, and apply said moneys to the pay- 
ment of such teachers as shall have been employed by 
him in the name of the district, and also to draw orders 
on said Treasurer for moneys in his hands, to be disburs- 
ed for any other purpose for which the same shall have 
been voted by the district, agreeably to the provisions of 
this chapter; Provided, said orders shall be signed by 
the Director, f 



*See Form No. 18. 



f See Form No. 14. 



LAWS RELATING TO COMMON SCHOOLS. . 25 

Sec. 33. The clerk of each school district shall fur- School regis- 
nish, at the expense of the district, a school register, in *q^'^!^j^** ^^ 
the form prescribed by the State Superintendent, in which 
every teacher in the district shall bo required to enter Duty of teacli- 
the names, ages, and studies of all the scholars attend- ^^^• 
ing school, and daily their attendance and absence; which 
register shall be deposited with the clerk at the end of 
each term; and any teacher Avho shall willfully neglect or Penalty for 
refuse to comply with the requirements of this section, ^'^g^^*^*- 
shall forfeit his or her wages for teaching in such dis- 
trict.* 

OF THE ASSESSMENT AND COLLECTION OF SCHOOL DIS- 
TRICT TAXES. 

Sec. 34. The clerk of each school district shall, on or District clerk 
before the fourth Monday of November in each year, de- -ge^a^sTale-^^^* 
liver to the town clerk in which the district is situated, a ment. 
statement in writing, verified by his afiidavit, showing 
the amount of the tax or taxes voted to be raised at the 
last preceding annual meeting, or at the first meeting after 
the organization of the district, or both, as the case may 
require, together with a list of all persons and corpora- 
tions liable to a school district tax therein. In case of a 
joint district he shall deliver to the town clerk of each In case of _ 
town in which any part of the district is situated, a state- •''^^^* istnct. 
ment so verified, showing the proportion of the tax to be 
assessed in that part of the district Avithin such town, 
together with a list of all persons and corporations liable 
to a school district tax in that part of the district. Such 
proportion shall be ascertained from the valuations con- 
tained in the last assessment rolls of the respective towns; 
and to enable the district clerk to ascertain the same, the 
town clerk of each such town, shall, on demand, at any 
time after he has received the equalized assessment roll 
of his town, deliver to the clerk of any such joint dis- 
trict, a certified statement of the valuation of real and Valuation of 
personal property in that part of such district lying P^'°P^^''y- 
within his town, as the same appears from said assess- 
ment roll.f 

Sec. 35. The town clerk shall assess such tax, or the Taxes, assess- 
due proportion thereof, upon the real and personal prop- {^c^on^f 
erty liable thereto, placing the same in a separate column 
in the next assessment roll of his town, delivered to the 
Town Treasurer for collection, whenever such certificate 
of the district clerk shall be received by him in time 
therefor, although after the fourth Monday of November, 

*See Form No. 19, f See Forms Nos. 20 and 21. 

4 



26 LAAVS RELATING TO COMMON SCHOOLS. 

And if for any reason such tax shall not be assessed in 
the next assessment roll after the tax is voted, it shall be 
assessed in that of the next succeeding year. The tax 
shall, in all respects, be collected or returned delinquent 
like other taxes, and when collected, the money shall be 
To whom paid paid over to the District Treasurer. And whenever any 
part and not the whole of the taxes for all purposes as- 
sessed in the assessment roll to any person or corpora- 
tion, or upon any real estate, shall be collected by the 
Duty of town Town Treasurer, he shall pay over the due proportion of 
treasurer, ^.j^g amount collected by him to the District Treasurer. 
Ibid. Sec. 86. It shall be the duty of the Town Treasurers 

of the several towns to pay over to the Treasurers of the 
several school districts in their respective towns, on de- 
mand, the amount of all school district taxes returned to 
Delinquent the County Treasurer of their respective counties as de- 
taxes, linquent, whenever the same shall have been collected and 
paid over by said County Treasurers to such Town 
Treasurers; or if any such Town Treasurer shall receive 
credit from the County Treasurer, for such delinquent 
tax, or any part thereof, on account of any demand or 
claim due from such town to said county, then said Town 
Treasurers shall pay over the amount of such delinquent 
tax, or the part for which credit has been so received, 
to the Treasurer of the proper school district, on demand 
thereafter. 

[Section 2, of An Act approved May 17th, 1858, and 
published June 1st, 1858, reads as follows : 
Part of cliap. [Sec. 2. So much of chapter nineteen of the Revised 
19, E. S.revi- g|..^^^j^gg as relates to the assessment and collection of 
school district taxes, is hereby revived for the purpose 
of assessing and collecting any tax that may be voted at 
any special meeting, in accordance with the provisions of 
section one of this act. — See Sec. 12, page 20. 

[And the following are the sections of the Revised 
Statutes of 1849 thus revived, and applicable to the col' 
lection of school district taxes that may be voted at any 
special meeting : — 

Taxes, how [Sec. QQ. All taxes raised and collected in any school 
district, for any of the purposes authorized by the provi- 
sions of this chapter, except when otherwise provided, 
shall be assessed on the same kind of property as taxes 
for town and county purposes are assessed. 

Tax hst. [Sec. 67. The clerk of each school district, in making 

out any tax list, shall enter therein the names of all per- 



LAWS RELATING TO COMMON SCHOOLS. 27- 

sons liable to pay a school district tax in such district, 
the amount of personal property to be taxed to each such 
person, and a description of all the taxable real estate in 
such district, and he shall set opposite to each description 
of taxable property the valuation of the same and the 
amount of tax charged upon such property, and to each 
person respectively; such description and valuation of 
taxable property shall be ascertained so far as possible 
from the last assessment roll of the town. 

[Sec. 68. Whenever any real estate in any school dis- Assessment 
trict shall not have been soparatel}^ valued in the assess- ^^°^™ 
ment roll of the town, and the valuation of such real 
estate cannot be definitely ascertained from such assess- 
ment roll, the District Board of such district shall esti- 
mate the value of the same, in proportion to the valuation 
affixed in said assessment roll to the whole tract of which 
such lot or pieco of land forms a part. 

[Sec. 69. Whenever a school district embraces a part How altered, 
of more than one town, the Town Superintendents of the 
towns so in part embraced, upon application of any three 
persons liable to pay taxes in such district, shall proceed 
to inquire and determine whether the valuation? of taxa- 
ble property in the assessment rolls of such towns are 
just, as compared with each other, in respect to such dis- 
trict, and if considered not to be so, they shall determine 
the relative proportion of taxes to be assessed upon the 
real estate of the parts of such district so lying in differ- 
ent towns, and any tax thereafter to be raised in such 
district, shall be apportioned and assessed according to 
such determination, until the same shall be altered upon 
a like application and determination as before mentioned; 
and in cases where the Superintendents cannot agree as 
to such valuation, they shall summon a Superintendent 
from an adjoining town, who shall unite in such inquiry 
and determination. 

[Sec. 70. The warrant annexed to any tax list 'shall Warrant what 
be under the hand of the clerk of the district, and shall *° '°^*'''^- 
command the Treasurer of such district to collect from 
each of the taxable persons and corporations named in 
such tax list, and of the owners of the real estate des- 
cribed therein, the several sums set opposite to the persons 
and corporations so named, and to the several tracts of 
land so described, within forty days from the date there- 
of, and within ten days from the date of such warrant, to p , f t . , 
personally demand such tax of the persons charged sui-^. 
therewith in such lists, if they be found within his town; 
and that if any such tax shall not be paid within said 



28 LAWS RELATING TO COMMON SCHOOLS. 

ten (iaj's, to collect the same by distress and sale of per- 
sonal property, in the same manner as Town Treasurers 
are authorized to collect town and county taxes; and the 
said Treasurer shall execute said warrant and return the 
same to the clerk at the expiration of the time limited 
therein for the collection of such tax list.* 
Unpaid taxes. [Sec. 71. If any tax on real estate, in any tax list de- 
livered to the Treasurer of any district, shall remain 
unpaid at the time he is required by law to return his 
warrant to the clerk of the district, such Treasurer shall 
make out and deliver to the town clerk of his town, a 
statement in writing, containing a description of the lots 
and pieces of land upon which such taxes remain so un- 
paid, together with the amount of tax assessed to each; 
and he shall make and subscribe an affidavit to such 
statement before som.e Justice of the Peace, or other per- 
son authorized to administer oaths, that the taxes men- 
tioned in such statement remain unpaid, and that after 
diligent eflForts he has been unable to collect the same; 
and whenever any school district shall embrace parts of 
more than one town, such Treasurer shall make his return, 
as aforesaid, to the town clerks of the towns in which 
such parts of such district shall be situated. 
To be certified [Sec. 72. The town clerk, upon delivery to him of 
*o. such statement, shall give a certificate to the Treasurer 

of the amount of taxes so remaining unpaid, as the 
same shall appear from the statement of such Treasu- 
rer; which certificate shall be deposited by the Treas- 
urer with the district clerk, and shall be filed by such 
clerk. 
Unpaid taxes, [Sec. 73. Such town clcrk shall, on making out the 
how collected (duplicate assessment roll of the town next thereafterj, 
enter such unpaid taxes in a separate column therein, 
opposite to the description of the land upon which the 
taxes so remain unpaid, and such taxes shall be collected 
in the same manner as town and county taxes are collect- 
ed; and when so collected shall be paid over to the Town 
Superintendent of such town, who shall pay the same to 
the Treasurer of the district in which such taxes were 
originally assessed. 
In case of [Sec. 74. The warrant issued b7 the clerk of any 

joint districts, school district for the collection of any district tax au- 
thorized to be raised and collected by any of the pro- 
visions of this chapter, may be executed in any other 
district or town in the same county, or in any other 

" See Forms 34 and 35. 



LAWS RELATING TO COMMON SCHOOLS. 29 

county in which any part of such district is situate, when 
the district is composed of parts of two or more adjoin- 
ing counties, and such warrant shall have the like force 
and effect as a warrant issued by a town clerk for the 
collection of town and county taxes; and the Treasurer 
of the district to whom any such warrant may be deliv- 
ered for the collection of a tax -list, shall possess the like 
powers in the execution of the same as are conferred by 
law upon the Treasurers of towns in the collection of town 
and county taxes. 

[Sec. 75. Whenever any error shall be discovered in Errors in tax 
any district tax list, and made to appear to the District I'st, how cor- 
Board, they may order any moneys which may have been ^"*^° ^ ' 
improperly collected on such tax list, to be refunded, and 
may authorize and empower the clerk to amend and cor- 
rect such error in said tax list. 

[Sec. 76. Whenever the clerk of any district shall Warrant, how 
deem it necessary, he may renew the warrant annexed to renewed, 
any tax list, in his district, for thirty days, but he shall 
have power to renew such warrant but once without the 
consent of the Superintendent of the town in which the 
school house of such district shall be located, which con- 
sent shall be endorsed on such warrant. 

[Sec. 11. When any district tax shall be lawfully as- EigMs of ten- 
sessed and paid by any person on account of any real^^^*' 
property Avhereof he is only a tenant at will or for any 
period not exceeding three years, such tenant may 
charge and collect of the owner of such real estate the 
amount of the tax so paid by him, unless some agree- 
ment to the contrary shall have been made by such 
tenant.] 

DISTRICT BOARD. 

Sec. 37. The Director, Treasurer and Clerk, shall con- District board 
stitute the District Board. 1^°^ constitut- 

Sec. 38. They shall purchase or lease such a site for pQ^^gj,gjj^jj^ 
a school house as shall have been designated by the dis- duties, 
trict, in the corporate name thereof, and shall build, hire, 
or purchase such school house out of the funds provided 
for that purpose, and make sale of any school house, site 
■or other property belonging to the district, and if neces- 
sary, execute a conveyance of the same in their name of 
■office, Avhen lawfully directed by the qualified voters of 
such district at any annual or special meeting.* 

Sec. '69. The- said Board shall have the care and keep- Ibid, 
ing of the school house and other property belonging to 

* See Forms Nos. 22 and 23. 



go 



LAAYS RELATIXG TO COMMON SCHOOLS. 



the district, except so far as the same shall be especially 
confided to the care of the clerk, including all books pur- 
chased by the district for the use of any children. 
In case of va- Sec. 40. The said Board shall have power to fill, by 
cancy. appointment, any vacancy that shall occur in their ovrn 

number, within ten days after such vacancy shall occur; 
and if such vacancy shall not be filled within ten days, 
as aforesaid, by said Board, it shall be the duty of the 
Town Superintendent to fill such vacancy by appoint- 
ment.* 

Sec. 41. The District Board may purchase, at the ex- 
pense of the district, Avhen families or guardians may not 
be able to furnish the same, such school books as in their 
judgment may be necessary for the use of any children 
attending school in their district, and they may include 
the amount of such purchase in any tax to be collected 
in such district. 



To purchase 
books. 



Board to se- 
lect books. 



What to be 
taught in dis' 
trict schools. 



Town Super- 
intendent to 
give bonds. 



AVHAT SHALL BE TAUGHT IN SCHOOLS. 

Sec. 42. The Board in each school district shall have 
power, under the advice of the Superintentent of Public 
Instruction, to determine what school and text books shall 
be used in the several branches taught in the school of 
such district. 

Sec. 43. In every district school there shall be taught, 
in the English language, orthography, reading, Avriting, 
English grammar, geography and arithmetic, during the 
time such school shall be kept, and such other branches 
of education as may be determined upon by the Board. 

TOWN superintendent AND HIS POWERS AND DUTIES. 

Sec. 44. It shall be the duty of the Town Superin- 
tendent of Common Schools, within ten days after he 
shall have been notified of his election or appointment, 
to execute to the Chairman of Supervisors of his town, 
and file Avith the town clerk, a bond with one or more 
sufficient sureties, to be approved by the said Chairman 
of Supervisors, by indorsement over his signature on 
said bond, Avith a penalty, as near as can be ascertained, 
of double the amount of all the school moneys to come 
into his hands during the term of his office, and condi- 
tioned for the faithful application and legal disbursement 
of all such school moneys according to law, and for the 
faithful discharge of all the duties of his office; and in 
case such bond shall not be executed, approved and filed 



•"See Form No. 24. 



LAAVS RELATING TO COMMON SCHOOLS. 31 

within the time prescribed in this section, the office of 
such Town Superintendent shall be deemed vacant.* 

Sec. 45. It shall be the duty of the Town Superin- His duties, 
tendent in each town — 

1st. To divide the town into a convenient number of 
school districts, and to regulate and alter such districts 
as hereinafter provided. 

2d. To describe and number the school districts, and 
to deliver the description thereof and numbers in writ- 
ing, to the town and district clerks, immediately after the 
formation or alteration thereof. 

3d. To apply for and receive from the County Treas- 
urer, all moneys apportioned for the use of Common 
Schools in his town, and from the Treasurer of the 
town, all the moneys raised therein lor the same pur- 
pose. 

4tb. To apportion the school moneys received from 
the Town and County Treasurers, on the third Monday 
in March in each year, or as soon thereafter as he shall 
receive the same, to the several districts and parts of 
districts within the town, in proportion to the number of 
children residing in each, over the age of four and under 
the age of twenty years, as the same shall have appeared 
from the last annual reports of tbeir respective clerks, 
excepting such moneys as towns may raise for school 
purposes by a special tax, in addition to the tax imposed 
by the County Boards in pursuance of section 53, chap- 
ter 18, Revised Statutes, and all such moneys raised in 
addition to the amount required by law shall bo appor- 
tioned among the several districts and parts of districts 
in each town, according to the assessed valuation of each 
district, as it shall appear from the last equalized assess- 
ment roll of the town; Provided ahvai/s, that a majority 
of the legal voters at any annual town meeting voting 
such tax, shall not by vote decide to the contrary. 

5th. To see that the annual reports of the clerks of 
the several school districts in his toAvn, are made correctly 
and in due time. 

6th. To sue for and collect in his name of office, all 
penalties and forfeitures imposed in this chapter, which 
shall be incurred by any officer or inhabitant of his 
town, and in respect to which no other provision is 
made. 

Sec. 46. It shall be the duty of the Town Superin- To report. 
tendent, between the fifteenth and twenty-fifth days of 

"See Form No. 32. 



82 ' LAWS RELATING TO COMMON SCHOOLS. 

September in each year, to make and transmit to the 
clerk of the Board ot' Supervisors of the county, a report 
in writing, bearing date on the fifteenth day of Septem- 
ber, in the year of its transmission, stating — * 

1st. The whole number of school districts separately 
set off within the town; 

2d. The districts and parts of districts from which 
reports shall have been made to him or his immediate 
predecessor m office, within the time limited for that 
purpose; 

3d. The length of time a school shall have been taught 
in each of such districts or parts of districts, distinguish- 
ing what portion of that time the school has been taught 
by qualified teachers; 

4th. The amount of public moneys received in each of 
such districts and parts of districts; 

5th. The number of children taught in each, and the 
number of children over the age of four and under the 
age of twenty years, residing in each; 

6th. The whole amount of moneys received by him 
from his predecessor in office, since the date of the last 
preceding report, distinguishing the amount received 
from the County Treasurer, from the amount received 
from the Town Treasurer, and from other sources, if 
any; 

7th. The manner in which such moneys have been ex- 
pended, and whether any and what part remains unex- 
pended, and for what cause. 

8th. The amount of money raised in the districts and 
paid for teachers' wages, in addition to the public money 
paid therefor; the amount of taxes raised for purchasing 
school house sites, for building, hiring, purchasing, re- 
pairing and insuring school houses ; for fuel, for district 
libraries, or for any other purpose allowed by law, in 
the districts or parts of districts from which reports have 
been received by him, or his predecessor, since the date 
of the last preceding report, with such other informa- 
tion as the State Superintendent may from time to time 
require. 
ScTiool monies Sec. 47. No moneys shall be apportioned to any dis- 
conditions of Iy\q\, or part of a district, unless it shall appear, by the 
menT" ^°'^' report thereof, that a school has been taught therein, 
for at least three months during the year ending at the 
date of such report, by a qualified teacher, and that all 
school moneys received during that year from the 

*See Form No. 25. 



LAWS RELATING TO COMMON SCHOOLS. 33 

School Fund have been applied to the payment of the 
•wages of such teachei^ ; and no portion of the library- 
money shall be apportioned to any district or part of a 
district, unless it shall appear from the last annual re- 
port thereof, that the library money received at the last 
preceding apportionment was duly expended according 
to law, before the first day of July subsequent to such 
apportionment, and that such district has complied with 
the regulations established by the State Superintendent 
in relation to district libraries.* 

Sec, 48. The Town Superintendent, in each town. To keep ac- 

•shall keep a iust and true account of all school moneys ^°^j^* ^„:!!!fj 
-I { ^. .. ^ y nies received 

received and expended by him during each year tor and expended 

which he shall have been chosen, and shall lay the same 

before the Board of Auditors of Town Accounts, at the 

annual meeting of such Board in each year. 

Sec. 49. The Town Superintendent of Schools in To render ac- 

eacli town, shall, within ten days after the termination count to his 

f* 1 * cY* 111* • fY* ' L 1 successor. 

01 his omce, render to his successor m omce a just and 

true account, in writing, of all school moneys received 
by him during the preceding year, and of the manner 
in which the same shall have been appropriated and ex- 
pended by him ; and the account so rendered shall be 
delivered by such successor in ofEce to the Town Clerk, 
to be filed and recorded in his office. 

Sec. 50. On rendering such account, if any balance To pay bal- 
shall be found remaining in the hands of such Town ^^'^^ ^'^ ^^^ 
Superintendent, the same shall be immediately paid by 
him to his successor in ofiice. 

Sec. 51. Such successor in office shall bring an action Successor to 
upon the official bond of any previous Town Superinten- ""^g suit, 
dent, for the recovery, with interest, of any unpaid 
balance of school moneys that shall appear to have been 
in his hands on leaving his office, either by the accounts 
rendered by such Town Superintendent, or by other 
sufficient nroof. 

Sec. 52, The Town Superintendent in each town Corporate 
shall have the powers and privileges of a corporation, powers, 
so far as to enable him to take and hold any property 
transferred to him for the use of Common Schools in 
such town. 

Sec. 53. [Repealed, 1859,] Repealed. 

Sec. 54. if, after the time when the annual reports of Apportion- 
the school districts are required to be dated, and before ™f \"iyig"on*^^ 
the apportionment of school moneys shall be made, a 

* Sec the New Library Law, published after'this chapter, 

5 



u 



LAWS RELATING TO COMMON SCUOOLS. 



district shall be duly altered, or a new district shall be 
formed in the town, so as to render an apportionment, 
founded on such annual reports, unjust as between two 
or more districts of the town, the Town Superintendent 
shall make an apportionment to such districts, according 
to the number of children in each over the age of four, 
and under the age of twenty years, ascertaining that 
number by the best evidence in his power. 
When monies Sec. 55. All moneys apportioned by the Town Su- 
to l>e added to ppj.jjjj;gj^(j(.j^^^ ^-q j^j^-y district or part of a district, which 
tionment. ' shall have remained in the hands of said Town Super- 
intendent for one year after such apportionment, by rea- 
son of such district or part of district neglecting or re- 
fusing to receive the same, shall be added to the moneys 
next thereafter to be apportioned by such To"vvn Super- 
intendent to the several districts and parts of districts 
in such town, and apportioned therewith. 

INSPECTION AND SUPERVISION BY TOWN SUPERINTEN- 
DENT. 

Sec. 56, It shall be the duty of the Town Superin- 
tendent to examine annually all persons offering them- 
selves as candidates for teachers of Common Schools 
in his town, in regard to moral character, learning, and 
ability to feach school ; and he shall deliver to each 
person examined and found qualified, a certificate, 
signed by him, in such form as shall be prescribed by 
the State Superintendent ; which certificate shall be in 
force for one year from the date thereof, unless an- 
nulled within that time, and no person shall be deemed 
a qualified teacher within the meaning of this chapter 
who has not such a certificate in force. A certificate 
granted by any Town Superintendent, as provided in 
this section, shall not be deemed a legal qualification of 
a teacher, within the meaning of this chapter, in joint 
school districts, except in cases where the school house 
is situated in the town for which the Superintendent 
granting the certificate was chosen."* x\ny person feeling 
aggrieved by the refusal of any Town Superintendent to 
grant him or her a certificate according to the provisions 
of this section, may appeal to the State Superin- 
tendent, who is hereby authorized to re-examine said 
applicant ; and if, upon such re-examination, the State 
Superintendent shall be satisfied that the applicant is 
qualified to teach a Common School according to the 
provisions of this section, he shall grant the applicant a 



Examination 
of teachers. 



Certificate. 



How granted 
in joint dis- 
trict. 



State Super- 
intendent 
may grant on 
appeal. 



* See Form No. 26. 



LAWS RELATING TO COMMON SCHOOLS. 35 

certificate to that effect, -vvliicli shall give to the holder 
all the privileges and powers conferred by a certificate 
granted bj a Town Superintendent for the term of one 
jear. Any Town Superintendent shall, on application Town Super- 
to the Town Superintendent of any adjoining town, |)e^^*^?'^'^"*™?y 
examined m regard to moral character, learning and abil- cate. 
ity to teach school, and if found qualified shall receive a 
certificate from said examining superintendent, qualify- 
ing him to teach in the town where he, the applicant, 
resides; also the town where the examining superintend- 
ent resides, for one year, unless annulled within that time, 
according to the provisions of said chapter 23 for annull- 
ing the certificates of teachers. 

Sec. 57. The Town Superintendent may annul any May annul 
such certificate, given by him or his predecessor in office, certificate. 
when he shall think proper, giving at least ten days pre- 
vious notice in writing to the teacher holding it, and to 
the District Board of the district in which he may be 
employed, of his intention to annul the sam.e. 

Sec. 58. The annulling of a certificate shall not dis- Note to "fcc 
qualify the teacher to whom it was given, until a note "^^^° ^^ ^^ 
containing the name of the teacher, and the time when 
the certificate was annulled, shall be made by the Town 
Superintendent, and filed in the office of the Town Clerk.* 

Sec. 59. The Town Superintendent, whenever he shall Re-esamina- 
deem it necessary, may require a re-examination of all or tion may be 
any of the teachers in his town, for the purpose of ascer- '®^"®- 
taining their qualifications to continue as such teachers. 

Sec. 60. It shall be the duty of the Town Superin- To visit 
tendent to visit all such Common Schools. schools. 

Sec. 61. At such visitation, the Town Superintendent puties as vis- 
shall examine into the state and condition of such schools, ^*°^'' 
both as respects the progress of the scholars in learning, 
and the good order of the schools, and may give his ad- 
vice and direction to the Boards of Directors and the 
teachers of such schools, as to the government thereof, 
and the course of studies to be pursued therein. 

OF FORMATION AND ALTERATION OF SCHOOL DISTRICTS. 

Sec. 62. Whenever the Town Superintendent shall Notice for al- 
contemplate an alteration of the boundaries of a school *'^^^^j°^ of 
district, he shall give at least five days notice in writing "°** 
to the clerk of the district or districts to be affected there- 
by, stating in such notice the time and place when and 
where he will be present to hear and decide upon such 
proposed alteration; and it shall be the duty of such clerk 

*See FonnNo. 27. 



36 LAWS PwELATING TO COMMOX SCHOOLS. 

or clerks immediate] j to notify the other members of the 
Board. In hearing and deciding upon the alteration of a 
school district, the District Board of the district or dis- 
tricts to be afiected by such alteration may apply to the 
Chairman of the Town Board of Supervisois and Town 
Clerk, to be associated with the Town Superintendent, 
and a majority of the Board so constituted, shall be ne- 
. . g , cessary to make any change in the boundaries of a school 
unlessapjjeal-^^'strict, and 'heir action shall be final unless duly ap- 
ed from, pealed from.* 

Notice of al- Sec. 63. In all cases where an alteration of the bound- 
teratiou. Q,Yies of a school district shall be made, the Town Su- 
perintendent shall, within three days thereafter, give 
notice thereof, by filing a copy of the order so altering 
the same with the clerk of the district or districts affect- 
ed by such alteration; and no alteration of any school 
district, made without the consent of a majority of the 
District Board indorsed on such order, shall take effect 
until three months after notice given as above specified, 
nor shall any alteration of an organized school district 
When to take be made to take effect between the first day of Decem- 
eflfect. ber in any one year, and the first day of April, fol- 

lowing.f 
Property to Seu. t)4. When a new district is formed, in whole or 
be divided. j^ part, from one or more districts possessed of a school 
house, or entitled to other property, the Town Superin- 
tendent, at the time of forming such new district, shall 
ascertain and determine the proportion of the value of 
the school house and other property justly due to such 
new district. J 
Division, Low Sec. 65. Such proportion shall be ascertained and de- 
made, termined according to the value of the taxable property 
of the respective pa: ts of such former district at the time 
of the division, by the best evidence in the power of the 
Town Superintendent; and such amount ol any debt due 
from the Jbrmer district, which would have been a charge 
upon the new, had it ron)ained in the former district, 
shall be deducted from such proportion. 
Proportion to Sec. 66. Such proportion, when asce-taincd, shall be 
collected an7 '■''''''^'^ '"''l'' co^^cted by tax upon the taxable property of 
applied. the district, retaining the school house or other property 
of the former district, in the same manner as other dis- 
trict taxes are collected, and when collected, shall be paid 
to the Treasurer of the new district, to be applied towards 

*Sec Form No. 2S. fSeo Forms Nos. 29 and 31. 

J See FormA'o. So. 



LAWS RELATING TO COMMON SCHOOLS. 37 

procuring a scliool house for such district; and the money 
SO paid to the new district shall be allo\Yed to the credit 
of the taxable property taken from the former district, 
in reduction of any tax that may be imposed on said 
taxable property, in the new district, for the building of 
a school house. 

Sec. 67. Whenever it shall be necessary to form a Proceedings 
district from two or more adjoining towns, the Superin- Y'^°'} di?trict 
tendents of such adjoining towns shall meet together and jJj^c^tQ^.'jjg^^^^'^" 
form such district and deliver the notice of such forma- 
tion to a taxable inhabitant of such district, whose duty 
it shall be to serve such notice, as provided in the sec- 
ond section of this chapter, and the clerk of the district 
so formed shall make such report to the Superintendent 
of each such adjoining town, of such part of said district 
as may be situate in such town, as is prescribed in the 
thirteenth section of this chapter; and any district so 
formed, may be altered or regulated b}^ the Superin- 
tendents of such adjoining towns, as may be deemed 
necessary.* 

WHEN APPEAL MAY BE TAKEN. 

Sec. 6S. Any person conceiving himself aggrieved in Appeal may- 
consequence of any decision made by any school district ^^ taken in 
meeting, or by the Town Superintendent, in forming or ^<^'"*^^^ '^^^*^^- 
altering, or refusing to form or alter any school district, 
or concerning any other matter under the provisions of 
this chapter, may appeal to the State Superintendent, 
who is hereby authorized and required to examine ;ind 
decide the same; and such decision shall be final and 
conclusive; Provided, however^ that the decision appealed Proviso. 
from shall be operative until the State Superintendent 
shall reverse or change the same. 

VALUATION AND EQUALIZATION OF PROPERTY. 

_ Sec. 69. All taxes raised and collected in any school Taxes, on 
district for any of the purposes authorized by the pro vis- what property 
ions of this chapter, except when otherwise provided, ^^^°^'^'^'^- 
shall be assessed on the same kind of property as taxes 
for town and county purposes are assessed. 

Sec. 70. Whenever any real estate in any school dis- Assessiae-nts 
trict shall not have been separately valued in the assess- liow made, 
ment roll of the town, and the valuation of such real 
estate cannot be definitely ascertained from such assess- 
ment roll, the town clerk shall estimate the value of the 
same, in proportion to the valuation affixed in said as- 

* See Forms Nos. 2 and 3. 



38 LAWS llELATING TO COMMON SCHOOLS. 

sessment roll to the whole tract of which such lot or piece 
of land forms a part. 
Equalization. Sec. 71. Whenever a school district embraces a part 
of more than one town, the Town Superintendents of the 
towns so in part embraced, upon application of anj three 
persons liable to pay taxes in such district, shall proceed 
to inquire and determine whether the valuation of taxa- 
ble property in the assessment rolls of such towns are 
just as compared with each other in respect to such dis- 
trict, and if considered not to be so, they shall determine 
the relative proportion of taxes to be assessed upon real 
estate of the parts of such district so lying in different 
towns, and shall certify the same to the town clerk of 
each town, and if received by him previous to making 
out the assessment roll for that year, he shall assess the 
school district tax according to such equalized valuation. 
In cases where the Superintendents cannot agree as to 
such valuation, they shall summon a Superintendent from 
an adjoining town, who shall unite in such inquiry and 
determination. 

DUTY OF TOWN CLERKS. 

Towncleikto Sec. 72, It shall be the duty of the Town Clerk to 
keep reports, receive and keep all reports made to the Town Superin- 
"' ■ tendent, from clerks of school districts, and all books, 
maps and papers belonging to the Town Superintendent 
when required, and file them in his office; and he shall 
record, in a book kept for that purpose, such description 
of school districts, and organization or alteration thereof 
as shall be transmitted to his office by the Town Super- 
intendent. 

DUTIES OF CLERK OF THE COUNTY BOARD OF SUPERVISORS. 

Duties of clerk Sbc. 73. It shall be the duty of the clerk of the 
of eo. board. County Board' of Supervisors in each county to receive 
all documents transmitted to him by the Town Superin- 
tendents of the several towns in his county, and all com- 
munications directed to him by the Sta,te Superintendent, 
and keep the same in his office, or dispose of the same as 
directed by the State Superintendent. 
To report to Sec. 74. The Said clerk shall, on or before the tenth 
state superin- day of October in each year, make and transmit to the 
tendent. State Superintendent, a report in writing, setting forth 

the whole number of towns in his county, distinguishing 
those from which the required reports have been made to 
him by the Town Superintendents, and containing an 
abstract of their reports.* 

*See Form No. 33. 



LAWS RELATING- TO COMMON SCHOOLS. CV 

Sec. 75. He shall also within the time mentioned in To maWrit- 
the preceding section, make and deliver to the County ^^ ^jQ^^j.(jj^g^j,. 
Treasurer, a written statement of the whole number of er. 
children in each tpwn in the county over the age of four, 
and under the age of twenty years, as shown by the 
Town Superintendents' reports, and the Board of Super- 
visors of each county shall allow to the clerk thereof 
such compensation as thev may deem reasonable, for 
the services required of him by the provisions of this 
■chapter. 

LIBRARIES AND LIBRARY FUND. 

Sec. 76. [Each Town Superintendent may, in his dis- Tpn por cent, 
cretion, set apart a sura not exceeding ten per cent, of ney^tet^ apart 
the gross amount of the school money apportioned to any for Ubraries. 
school district which shall be applied by such districts 
to the purchase of school district libraries, which shall 
be the property of such districts; and any resident of aTiyj^omay use 
■school district, and the parents and guardians of all the books, 
children therein, between the ages of four and twenty 
years, shall be permitted to use books from the school 
•district library of said district without charge, being 
responsible to the district for the safe return thereof, and 
for any injury done thereto, according to such rules and 
regulations as may be established by the State Superin- 
tendent; Provided, Jiowever, that for the city of Milwau- 
kee ten per cent, only on the amount of money received 
from the State shall be apportioned for library purposes 
as prescribed herein; Provided, tlmt y^lien the District Proviso. 
Board or School Commissioners, shall so determine, a One half of 
portion of the library money, not exceeding one-half the ^^'^''^^y '^''^^y 
amount so appropriated, may be applied to the teaching ^ff^ teachm^^' 
■of music in such schools.*] of music. 

Sec. 77. The taxable inhabitants of each school dis- District may 
trict shall have power, when lawfully assembled at any y.?*^ *''^^ ^°^ 
annual district meetins;, to vote a tax on the district not 
exceeding thirty dollars in any one year, for a district 
library, consisting of such books as they may direct 
their District Board, or any other person, at such dis- 
trict meeting, to purchase; and such further sum as 
they may deem necessary for the purchase of a book 
case. 

Sec. 78. The clerk of the district, or such other per- Librarian, 
son as the taxable inhabitants may at any legal meeting ^^^ appomt- 
appoint by a majority of votes, shall be the Librarian of 

* This:section is repealed. See tlie new Library Law published 
iinunediately after this chapter. 



40 



LAWS RELATING TO COMMON SCHOOLS. 



Fines and pe 
ualties. 



Joint libra- 
ries. 



the district, luiJ sliail have the care *aiul custody of the 
district library. 

Sec. 79. Every school district library, and the appur- 
tenances thereunto belonging, shall be deemed to be 
vested in the District Board of the district, so as to en- 
able them to maintain any action for the same, or for the' 
value thereof, or for the recovery of any fine or penalty 
for damage done to any book or books, or neglect to re- 
turn, or loss of the same; and all such fines and penalties 
incurred in consequence of a violation of any regulation 
lawfully established in respect to district libraries, shall 
be sued for and collected in the name of such District 
Board, and when so collected, shall be applied for the 
benefit of such district library. 

Sec. 80. The legal voters in any two or more adjoin- 
ing districts, may, in such cases as may be approved by 
the Town Superintendent, unite their libraries, and also 
their library moneys, as they shall be collected or receiv- 
ed, and purchase a joint library for such districts, whicb 
shall be selected by the District Boards thereof, or by 
such persons as they shall designate, and shall be under 
the charge of a Librarian to be appointed by the District 
Boards of such districts, and the provisions of this chap- 
ter shall be applicable to such joint libraries, except that 
the property in them, and their appurtenances, shall be 
deemed vested in all the District Boards, for the time 
being, of the districts so united; and in case any such 
district shall desire to divide such library, such division 
shall be made by the Directors of the districts whose 
libraries are so united, and in case they cannot agree, 
then such division shall be made by the Town Superin- 
tendent. 

OE SUITS AND JUDGMENTS AGAINST SCHOOL DISTRICTS. 

Sec. 81. Justices of the Peace shall have jurisdiction 
in all cases, in which a school district is a party inter- 
ested, when the amount claimed by the plaintiif shall not 
exceed one hundred dollars, and the party shall have the 
same right of appeal as in other cases; and when an ac- 
tion shall be brought against any school district, it shall 
be commenced by summons, a copy of which shall be left 
with the Director of such district. 
Execution not Sec. 82. No execution shall issue on any judgment 
to issue. against a school district, nor shall any action be brought 

thereon; but the same shall be collected in the manner 
prescribed in this chapter. 

Sec. S3. Whenever any final judgment shall be ob- 



Librarian to 
be appointed 



How library 
to be divided- 



•Jurisdiction, 
•when school 
district is in- 
terested. 



LAWS RELATING TO COMMON SCHOOLS. 41 

tained against any school district, if the same shall not Judgment to 
be removed to any other court, the Director of such '^ '^^'^^^ ^ ' 
district shall certify to the town clerk of the town, the 
date and amount of such judgment, with the name of 
the party in whose favor the same was rendered; and 
if such judgment shall be removed to another court, 
the Director shall certify the same as aforesaid, imme- 
diately after the final determination thereof against the 
district. 

Sec. 84. If the director shall fail to certify such who may cer- 
judgment, as required in the preceding section, it shall tify judgment 
be lawful for the party obtaining the same, his agent or 
legal representatives, to file with the Town Clerk of the 
town the certificate of the Justice or Clerk of the court 
rendering the judgment, showing the facts which should 
have been certified by such Director. 

;^ Sec. 85. If the district against Avhich any such judg-How certified 
ment shall be rendei-ed, is situate in parts of two or more iu joint dis- 
towns, a certificate thereof shall be delivered as afore- *^^'^^''^- 
said to the Town Clerk of each town in which such dis- 
trict is in part situated. 

Sec. 86. The Town Clerk receiving either of the car- To be assess- 
tificates of judgment as aforesaid, shall proceed to assessed on proper- 
the amount thereof, with interest from the date of such*^ ^" district, 
judgment to the time when the warrant for the collection 
thereof will expire, upon the taxable property of said 
district, placing the same on the next town assessment 
roll in a separate column, and the same proceedings 
shall be had thereon, and the same shall be collected and 
returned in the same manner as other town taxes, nnd 
shall be paid to the party entitled thereto. If such dis- 
trict is situated in two or more towns, the Clerk of each 
town shall, on demand of any person interested, furnish 
for the Clerk of every other town in which any part of 
the district is situated, a certificate showing the total 
amount of the valuations of taxable property in that 
part of the district situate in his town, according to the 
last assessment roll of said town, and the amount of the 
judgment shall be assessed upon the respective parts of How assessed 
the district within the several toAvns in proportion to in joint dis- 
such valuation. In all cases when, for any reason, the ^'^i*^*^^- 
Clerk of any town has heretofore failed, or shall hereaf- 
ter fail, to assess the amount of any such judgment, or 
the proper proportion thereof, in the next assessment 
roll after the rendition of the judgment, it shall be his 
duty to assess the same in any subsequent assessment 
roll within two years thereafter, upon the taxable prop- 
6 



42 



LAWS RELATING TO COMMON SCnOOLS. 



Penalty for 

neglect to 
serve notice, 
&c. 



Penalty for 
failure to 
serve as dis- 
trict oiEcers. 



Town super- 
intendent, 
penalty for 
failure to re- 
port to clerk 
of board. 



Penalty for 
■disobeying 
order of state 
superintend- 
ent. 



Penalty on 
clerk of board 
for failure to 
make repoi't 
to state super- 
intendent. 



Penalties how 
applied. 



erty within the district, or part of a district, situate 
within his town, according to its limits at the time of 
making the assessment. 

PENALTIES AND LIAI5ILITIES. 

Sec. 87. Every taxable inhabitant, receiving the no- 
tice mentioned in the first and second sections of this 
chapter, who shall neglect or refuse duly to serve and 
return said notice, and every Chairman of the first dis- 
trict meeting in any district, who shall wilfully neglect 
or refuse to perform the duties enjoined on him in this 
chapter, shall respectively forfeit the sum of five dollars. 

Sec. 88. Every person duly elected to the oflSce of 
Director, Treasurer or Clerk of any school district, who 
shall neglect or refuse without sufiicient cause, to accept 
of such office, and serve therein, or who, having entered 
upon the duties of his office, shall neglect or refuse to 
perform any duty required of him by the provisions of 
this chapter, shall forfeit the sum of ten dollars. 

Sec. 89. Every Town Superintendent who shall neg- 
lect or refuse to make and deliver to the Clerk of the 
County Board of Supervisors his annual report, as re- 
quired in this chapter, within the time limited therefor, 
shall be liable to pay the full amount of money lost by 
such neglect or refusal, with interest thereon, to be re- 
covered by the Town Treasurer in the name of the town; 
and every Town Superintendent and Town Clerk, who 
shall neglect or refuse to carry into efi'ect any decision or 
order of the State Superintendent, shall be liable to 
removal by the Town Board of Supervisors, upon proper 
notice thereof, and the said Board shall have full power 
to fill any such vacancy, in such manner as vacancies in 
other town offices are filled, except that they shall not 
have power to re-appoint the person or persons so re- 
moved. 

Sec. 90. Every Clerk of the County Board of Super- 
visors, who shall neglect or refuse to make the report 
required in this chapter to be made by him to the State 
Superintendent within the time therefor limited, shall 
be liable to pay to each town the full amount which such 
town, or any school district therein, shall lose by such 
neglect or refusal, with interest thereon, to be recovered 
in the manner specified in the preceding section. 

Sec. 91. All moneys collected or received by any 
Town Treasurer, under the provisions of either of the 
last two preceding sections, shall be apportioned and 
distributed to the school districts entitled thereto, in the 



LAWS RELATING TO COMMON SCHOOLS. 48 

same manner and in the same proportion that the moneys 
lost by any neglect or refusal therein mentioned would, 
according to the provisions of this chapter, have been 
apportioned and distributed. 

Sec. 92. Every Clerk of a district who shall willfully Penalty on 
sign a false report to the Town Superintendent of his ^^.j^^^. ^^^ ^^^_ 
toVn, with intent of causing such Town Superintendent ing false re- 
to apportion to his district a larger sum than its just port. 
proportion of school moneys of the town, shall be deemed 
guilty of a misdemeanor, and punished by fine not ex- 
ceeding one hundred dollars, or by imprisonment not ex- 
ceeding six months. 

Sec^ 93. Every school district Clerk who shall neg- Also for not 
iect or refuse to rleliver to his successor in office, all re- J^J^^j^g^^JI ^ 
cords, books and papers appertaining to such office, shall i^ig successor. 
be subject to a fine not exceeding fifty dollars. 

\_Ohapter cxxxviii, Cfeneral Laws 1868. 
Sec. 13. It shall be the duty of the Town Superin- Penajty ibr 
tendent of schools in each town, to prosecute any dis- monL^iUeo'al- 
trict Treasurer of his town, whenever such Treasurer ly, by district 
shall use or pay out any moneys in his hands belonging treasurer, 
to his district, without authority of law. In case such 
Superintendent shall neglect or refuse to prosecute such 
district Treasurer, he shall be liable to a penalty of fifty 
dollars, to be recovered by the Town Treasurer of his 
town, on the official bond of said Superintendent.] 

miscellaneous pkoyisions. 

Sec. 94. It shall be competent for any legally organ- Town super- 
ized school district in this State, to commence action on ^t^^jj^^^ ^^ 'l^^, 
the official bond of the Town Superintendent of Common sued. 
Schools of the town in which such district is situated, 
for the recovery of any moneys lawfully due and belong- 
ing to such district, in all cases where such Town Su- 
perintendent shall neglect or refuse, for the space of ten 
days from the time by law fixed therefor, to apportion 
and pay over to the proper officer of such district, the 
school moneys aforesaid. 

Sec. 95. It shall also be competent for such school For default, 
district, or the Town Superintendent of Schools, in case county^treaa- 
of default of the Town Treasurer or County Treasurer urer may be 
to pay over to the Town Superintendent of the town in sued. 
which such district is situated, the school moneys which 
by law should be paid over to such Superintendent, to 
commence action on the official bond of such Town or 
County Treasurer, for the recovery of such moneys. 



44 LAWS RELATING TO COMMON SCHOOLS. 

How to com- Sec. 96. Eor the purpose of this chapter, the said 
mence suit, gchool district, or the said Superintendent, shall have 
full power and right to commence action in the name of 
the persons or officers to whom any bond as aforesaid 
shall be given, and to control and prosecute such action 
without hindrance from the nominal plaintiffs to such 
action provided that such district or town, as the case 
may be, shall be justly responsible for any costs that 
may be finally adjudged against the plaintiff. 
Certified copy Sec. 97. In the prosecution of actions under this 
of bond suffi- g|-^jj^p|.gj.^ jj copy of the official bond sued upon, duly cer- 
dence. tified by the officer in whose custody such bond is placed 

by law, shall be deemed sufficient for all purposes of 
proof required in law, in said actions. And any actions 
under this chapter, in which the sum claimed to be justly 
due shall not exceed the sura of one hundred dollars, 
may be commenced and prosecuted before any Justice of 
the Peace in the same manner as other cases. 
Maps of all Sec. 98. It shall be the duty of the Town Superin- 

madT*^ *° ^^ tendent of each town, to make a map of all the school 
districts [and parts of districts] in his town, specifying 
the sections, parts of sections or other subdivisions 
therein embraced, and file the same with the Town Clerk 
on or before the first Monday of September next; and 
also a map of each district, in like manner, and file the 
same with the Clerk of such district within the time 
above specified. And whenever thereafter any alteration 
shall be made in the boundaries of any school district, 
the Town Superintendent shall cause such alteration to 
be marked on the map and filed with the Town Clerk, 
and on the map of the district or districts affected by 
such alteration. In case of the formation of a new dis- 
trict, he shall furnish the Clerk of such new district with 
a map thereof, and cause the same to be marked out on 
the map filed in the Town Clerk's office. 
Duty of state Sec. 99. Whenever, hereafter, any amendment shall 
superintend- be made to the provisions of this chapter, it shall be the 
*° ' duty of the State Superintendent to furnish a copy of 

such amendment to every school district in the State. 

OF BORROWINi; MONEY BY SCHOOL DISTRICTS. 

Districts may Sec. 100. Whenever any school district within this 
J»o"'o^^'«o^°y State, shall desire to make a loan of money to aid in the 
school houses erection of a school house or houses, the question of a 
&c. ' loan shall first be submitted to the legal vjoters authorized 

to vote at an annual school meeting, the vote to be taken 
by ballot; those voting in favor of the loan shall have 



LAWS RELATING TO COMMON SCHOOLS. 



45 



written or printed, or partly written and partly printed 
on their tickets '■^ For the Loan;'' and those voting 
against the loan shall have written or printed, or partly 
written and partly printed, on their tickets " Against 
the Loan.'' And provided a majority of all the legal 
voters resident in the district shall vote in favor of the 
loan, then the Board of Directors of any such school 
district, the Trustees of any village, the Common Coun- 
cil of any city, or the Boards of Education for such vil- 
lao-e or city within the bounds of which any such school 
district is located, shall have power and authority to bor- 
row money to aid in the erection of a school house or 
school houses under the restrictions hereinafter men- 
tioned. 

Sec. 101. The money loaned in pursuance of the pro- Conditions of 
visions of the preceding section, shall not be borrowed ^°^°^- 
for a longer period than five years, and shall draw such 
rate of interest as may be agreed upon by the parties, 
but in no case exceeding a greater rate than twelve per 
cent, per annum; and the said Board of Directors, 
Trustees, Common Council, or Board of Education is 
hereby authorized to give notes, bonds, or execute a 
mortgage* upon any of the property, real or personal, 
belonging to the district making the loan, to secure the 
payment of the principal and the interest on the sum so 
borrowed; and the sum so borrowed shall in no case ex- 
ceed ten per cent, on the valuation of the real estate 
contained in the district for the benefit of which the loan 
is made, according to the valuation contained in the last 
assessment roll or rolls of the town or towns, village or 
city, in which any such school district may be situated. 

WISCONSIN JOURNAL OF EDUCATION — HOW SUBSCRIBED 
FOR AND DISTRIBUTED. 

Sec 102. The State Superintendent of Public In- Journal of Ed- 
struction from year to year, so long as he shall deem ex- "f.^*J°'^ ^^^7 
pedient, is hereby authorized to subscribe for so many district, 
copies of the Wisconsin Journal of Education, pub- 
lished by the State Teachers' Association, at the price 
of sixty -five cents per year, as shall be sufficient to sup- 
ply one copy to each organized school district in the 
State, and one copy to each Town Superintendent of 
schools in the State; Provided, The State Superintend- Pro'^iso. 
ent be allowed to publish, free of expense to the State, 
any and all matters of an educational character that he 
may wish to publish from month to month in the columns 

*See Forms Nos. 36 and 37. 



46 



LAWS RELATING TO COMMON SCHOOLS. 



How sent, and 
to whom. 



How paid for . 



Amount to be 
deducted from 
apportion- 
ment. 



Amount to be 
reported to 
state treasur- 
er. 



of said Journal. The said periodical shall be sent by 
the publishers, postage pre-paid, to the Clerk of each 
school district in the State, and to each Town Superin- 
tendent in the State. It shall be the dutj of each Dis- 
trict Clerk to cause each volume to be bound at the ex- 
pense of the district, and to be kept in the library of 
such district, subject to the general library regulations. 

Sec. 103. A sum suiEcient to pay for the number of 
copies of said Journal, so subscribed for, is hereby an- 
nually appropriated out of the income of the School 
Fund, and the same shall remain in the State Treasury 
subject to the draft of the State Superintendent of Pub- 
lic Instruction, to be drawn quarterly, and paid over to 
the publisher of said Journal. 

Sec. 104. In making the annual apportionment of the 
School Fund among the several towns and cities of this 
State, it shall be the duty of the State Superintendent 
to deduct from the whole amount otherwise subject to 
apportionment such sum as may be necessary to pay for 
the said Journal at the price above named. 

Sec. 105. In certifying to the State Treasurer the 
apportionment of the income of the School Fund annual- 
ly, the State Superintendent shall state in such certificate 
the aggregate amount deducted according to the provis- 
ions of this chapter. 



CHAPTER 13S.-aENERAL LAWS. 



[^Published June 1, 1858.] 



Of Union 
High School 
districts. 



OF UNION SCHOOLS. 

[The first eleven sections of this act were amendatory 
to the law of 1854, which amendments have been in their 
proper sections, incorporated in chapter 23 of the Re- 
vised Statutes, as herewith given, for which reason, the 
first eleven sections of the act above referred to, arc not 
here re-published.] 

Sec. 12. Whenever two-thirds of the legal voters of 
any two or more adjoining school districts shall at an 
annual meeting, by vote, determine to form a Union 
District for High School purposes, it shall be the duty of 
the Clerks of the districts so voting to furnish the Town 
Superintendent a certified copy of the minutes of said 
meeting, together with the names oi those voting for and 



LAWS RELATING TO COMMON SCHOOLS. 4.7 

against said proposition. Upon receiving such notice it 
shall be the duty of the Town Superintendent to deter- 
mine and establish the boundaries of said Union District, 
and file a copy of such order with the Town Clerk, He 
may also, upon application, include persons and lands in 
adjoining districts in said Union District, according to 
his discretion.* 

2. The control of such Union District shall be vested jjoard. 
in a Board, consisting of Director, Treasurer and Clerk, 

who shall be elected in the same manner and hold their 
offices the same as officers of the District Boards, subject 
to the same rules and penalties: Provided, That the 
Town Superintendent shall have power to appoint the 
first Board of such Union District. 

3. The expenses of said Union School District incur- Taxes ho-nr 
red in purchasing or leasing school houses or sites, in levied and 
building or repairing school houses, out-houses, fences, °°^^'^^'^<^- 
&c., in hiring teachers, and in establishing and carrying 

on said High School, shall be defrayed by a tax upon the 
real and personal property of said Union District, to be 
call the Union High School tax. Said tax shall be voted 
by said Union District, at its annual or special meetings, 
and shall be levied and collected in the manner hereinbe- 
fore provided for the assessment and collection of dis- 
trict taxes. No fee for tuition shall be charged or col- 
lected: Provided, ho-^QYer^ That such tuition fee may Tuition fee. 
be charged and collected from scholars not residing in 
the Union District, which fee or fees shall go into the 
general fund of said Union District. 

4. The Board of said Union District, together with Board of es- 
the Town Superintendent, shall constitute a Board to amination. 
determine the standard of qualification necessary for 
admission, the branches to be taught, and the books and 
apparatus to be used in said High School; and shall also 
examine all candidates for teaching in such High School, 

and award certificates to those deemed competent. 

5. The annual meeting of the Union School districts Annual meet- 
shall be held on the Wednesday after the last Monday in ins- 
September in each year, and such meeting shall have 

power to transact all business as prescribed in section 11 
of the act of which this act is amendatory. 

6. Special meetings may be held as provided in sec- 
tion 12 of said act. 

7. When it is proposed to form Union Districts of Union dis- 

territory lying in two or more adjoining towns, then the ^/icts ho-w 
</ 1 'J 007 formed. 

*See Forms Nos. 38 and 39. 



48 LAWS RELATING TO COMMON SCHOOLS. 

respective Superintendents of those towns shall act in 
concert in the formation of such Union District, as now 
required in the formation of joint districts, and the Su- 
perintendent of the town in which the house shall be sit- 
uated, shall have the superintendence and control of said 
Union District ai'ter its organization. 
Primnrydis- 8. Nothing in this law shall be construed so as to im- 
tricts not irn- ^^-^^ ^.j^g organization of primary districts within such 

Union District. 

******* 

Sec. 14. This act shall take effect and be in force from 
and after its passage and publication; and all acts and 
parts of acts contravening the provisiono of this act, are 
hereby repealed. 



LAWS RELATING TO COMMON SCHOOLS. 49 



NEW LIBRARY LAW. 



CHAPTER 210.-LAWS OF 1S59. 



AN ACT to provide a permanent Township School Library Fund, 

The People of the State of Wisconsin, represented in 

Senate and Assembly, do enact as follows : 

Section 1. Ten per cent, of the school fund income Library fund, 
subject to apportionment in the year 1860, and annually ^^'^^^^^ 
thereafter, together Avith the proceeds of a special state 
tax ot one tenth of one mill on the dollar valuation, shall 
be, and arc hereby set apart for the purpose of establish- 
ing and replenishing town school libraries, the books for 
which to be purchased by public authority, and distrib- 
uted in some just proportion among the towns and cities 
of the state. 

Sec. 2. A special annual tax of one-tenth of one mill Special tax, 
on the dollar valuation shall be and is hereby levied 
upon the taxable property in the state, to be collected in 
addition to, and with the state tax levied annually to 
provide for the current expenditures of the state; and 
the proceeds of the said special tax are hereby appro- 
priated annually lor the purpose expressed in the first 
section of this act. 

Sec. ■^. After the present year, there shall be, and arc Public doca- 
hereby directed to be printed, folded, and sewed by the™^"^*^^' 
state printer, a sufficient number of extra copies of the 
session laws, journals, messages and documents ot each 
year, to be placed in charge of the state superintendent, 
to supply each town and city school library in the state 
wi^h a set; and these volumes shall be substantially 
bound, in t^uch manner as the State Superintendent, with 
the api>roval of the Governor, shall direct, at a cost not 
cxcvM.'ding thirty cents per volume, to be paid out of 
the fund set apart by this act for school library pur- 
poses. 

Skc. 4. Section seventy-six, of chapter twenty-three, 
of the revised statutes is hereby rtpcaied. 

Skc. 5. This act shall take effect and be in force from 
and after its; passage and publication. 
Approved March 21st, 1(^59. 



50 LAWS RELATING TO COMMON SCHOOLS. 



WEBSTER'S UNABRIDGED DICTIONARY. 



CHAPTER 13,S.-LA\VS OF lSo9. 

AN ACT to provide for the purchase of certain copies of Webster's 
Dictionary, for the supply of deficient school districts of the state. 

TliQ People of the State of Wisconsin, represented in 
Senate and Assembly, do enact as follows : 

How purchas- SECTION 1. The state superintendent of public instruc- 
^"' tion, with the consent and approval of the governor, is 

hereby authorized to purchase, on behalf of the state, six 
hundred copies of Webster's Unabridged Dictionary of 
the English language, as revised by Professor Chauncey 
A. Goodrich, at a price not exceeding four dollars per copy, 
to supply the deficient school districts of the state, and 
to be distributed as provided in chapter twenty-two of 
the general laws of 1858. 
To be receipt- Sec. 2. On receipt of such dictionaries, each town or 
ed for. (3J^y superintendent so receiving tliem shall deliver to the 

librarian or clerk of each town or city one copy for each 
common school, and each department of graded or high 
school entitled thereto, and shall take his receipt for the 
same, and file it among the records of his office. 
How used. Sec. 3. Such dictionaries when received by the seve- 

ral districts in this state, shall be considered as belonging 
to the library of the districts, and shall be subject to the 
same laws and regulations as other library books, but 
during the time a school shall be taught therein it shall 
be and remain in the school room during the hours of 
school, for the exclusire use of the scholars and teachers 
of such school, and under the control of the teacher or 
principal, who shall be responsible to the district for its 
loss, or for any unnecessary damage it may receive, the 
same as any other book of the district library. 
How paid for. ®^^' '^- There is hereby appropriated out of the in- 
come of the school fund a sum of money sufficient to pay 
for the dictionaries provided for in this act to be paid out 
of the first moneys received into the school fund income 
after the apportionment of the present year; and the 
amount so paid shall be deducted from the amount sub- 
ject to apportionment for the year next following after 
the said payment for dictionaries; and the state super- 
intendent of public instruction shall certify to the state 



LAWS RELATING TO COMMON SCHOOLS. 51 

treasurer the amount of such expenditures and deduc- 
tions accordingly. 

Sec. 5. This act shall take eiFect and be in force from 
and after its passage. 

For form of application, consult the following from 
the laws of 1858 :— 

Sec. 2. The State Superintendent of Public Instruc- Affidavit, 
tion * "• * upon the receipt of the affida.vit in 
due form,''' which shall be kept on file in his office, of any 
Town Superintendent or Commissioner of schools, or 
Superintendent of schools for any city, or the district 
clerk of any school district in this State, that such city, 
town or district has not yet been supplied with the said 
dictionaries or dictionary, as provided by an act approved 
March 21, 1855, then the said State Superintendent of 
Public Instruction shall distribute, as per order, to said 
city, town or district, sending one dictionary for each 
public school and department thereof, taught therein. 

Sec. 4. Any Town Superintendent of schools, the Penalty for _ 
Commissioners of schools, or Superintendent of schools ^^^^^ affidavit 
for any city, or the district clerk of any school district 
in this State, who shall be guilty of making any false 
affidavit to the State Superintendent of Public Instruc- 
tion, concerning any of the said dictionaries, or who 
shall, upon the receipt of the same, refuse or fail to de- 
liver it or them for the use of the school or schools in 
their several towns, cities or districts, shall, on conviction 
thereof, be punished by fine of not more than fifty dollars 
nor less than ten dollars. 

Sec. 5. All expenses incurred in the further distribu- 
tion of any of the said dictionaries, to any town, city or 
school district in this State, shall be incurred by the town, 
city or school district receiving the same. 

See Form No. 40. 



52 



NORMAL SCHOOLS. 



NORMAL SCHOOLS. 



Amended. 



Fund appoi- 
tioned. 



As many of the provisions of the following Law applj 
to Union and High Schools, we have appended it fur the 
convenience of those wishing to avail themstlves of the 
Normal School patronage : — 

CHAPTER 94:.-LA\VS OF 1809. 



PrJviEO. 



Begents how 
appointed. 



AN ACT to amend and consolidate chapter twenty-two of the Revised 
Statutes, entitled " of Academies and Normal Schools," and chapter 
139 of the acts of a general nature of 18LS. 

The People of the State of Wisconshi, represented in 

Senate and Assembly^ do enact as follows : 

Section 1. That chapter twenty-two of the revised 
statutes, entitled "of academies and normal schools," 
and chapter one hundred and thirty-nine of the acts of a 
general nature of 1858, are hereby so amended and con- 
solidated so as to read as follows : 

(Sec. 1.) It shall be hereafter the duty of the com- 
missioners of school and university lands to apportion 
the income ot twenty-five per cent, of the nett proceeds 
arising from the sale of swamp and overflowed lands 
granted to this state by an act of congress, entitled "An 
act to enable the state of A^rkansas and other states to 
reclaim the swamp and overflowed lands witliin their 
limits," approved September twenty-eight, one thousand 
ei,i:ht hundred and fifty, to normal institutes and acade- 
mies as hereinaftir provided; Provided^ that nothing in 
tliis section shall interfere A\ith the fund set apart for 
drainage purposes. 

Sec. -. For the purpose of more fully carrying out 
the provisions of this cliapter, theie shall be a board of 
nine regents, to be called the " iJoai'd of Regents of 
Normal Schools," no two of whom shall reside in any 
one county of this state. I'hey shall be appointed by 
the governor, by and with the appioval of the senate. 
!Jlie governor and superintendent of public instruction 
shall be ex-ojjicio members of the said board of regents. 
The governor shall have power to fill all vacanc.es which 
may occur by death, resignation or otherwise, until the 



NORMAL SCHOOLS. 53 

next meeting of the legislature, or while the legislature 
is not in session, but the appointments thus made shall be 
conurmed by the senate during the next succeeding ses- 
sion of the legislature. 

Sec. 3. The term of office of all members of the board Termof office 
of regents hereafter to be appointed (except Avhen such 
appointment is for an unexpired term) shall commence on 
the first day of January, and shall continue for three 
years. The board of regents shall be divided into three 
classes, so that the term of office of one class shall ex- 
pire in each year. 

SEb. 4, The said board of regents shall have authority Rules and 
to make all by-laws and needful rules and regulations regulations, 
necessary for carrying into effect the provisions of this 
act, not inconsistent with the constitution and laws of this 
state. The officers of the board shall be a president, 
vice-president and secretary; they shall severally hold 
their offi.ces for the term cf one year, and until their suc- 
cessors are elected, and shall perform the duties incident 
to their several offices. 

Sec. 5. The board of regents shall hold an annual Annual meet- 
meeting at the capital of the state, on the second Wed- '"S- 
nesday of April in each year, or at such time as may 
hereafter be designated by said board. The said regents 
shall not receive any compensation for their services, 
but shall be allowed from the income of the normal fund 
ten cents per mile for the distance traveled in attending 
finy such meeting on the most direct and usual routes of 
travel. The secretary shall receive such additional com- Compensation 
pensation from the said income fund for his services as 
the regents may designate, not exceeding two dollars and 
fifty cents per day for the time actually devoted to such 
services. The mileage of the members of the board, and 
the per diem of the secretary, shall be paid out of the 
proper fund by the treasurer of the state, on the certifi- 
cate of the president and secretary of the board, and a 
sum sufficient therefor is hereby appropriated. 

Sec. 6. A majority of the board of regents shall con- Special meet- 
stitute a quorum for the transaction of business, but a less ^"S^- 
number may adjourn from time to time. Special meet- 
ing of the board of regents may be called by the gover- 
nor or president of said board, on a petition signed for 
that purpose by any three members ol the board. At 
all special meetings of the board two-thirds of all the 
regents shall be necessary to constitute a quorum. Any 
regent may be removed from office, for cause, by a vote 
of two-thirds of the board. 



54 



NOr.MAL SCHOOLS. 



iiegents to re 
quire evi- 
dence, &c. 



Distribution Sec. 7. All applications for any of the income of the 
of fund. normal fund, pursuant to the provisions of this act, shall 

be made to the board of regents of normal schools in such 
manner as they shall direct, and the school land commis- 
sioners shall distribute the income fund specified in sec- 
tion one of this act to such institutions and in such ratio 
as the'board of regents shall designate, and no religious 
test shall ever be required of any student or scholar in 
any of the institutions and schools receiving any of the 
income fund designated in this act. 

Sec. 8. The regents shall require of each institution 
applying for any of the income fund designated in section 
one of this act, satisfactory evidence, which shall be 
uniform, that the provisions of this act have been fully 
complied with. They shall require a report annually, at 
such time as they shall designate, of the number, age, 
residence, studies, and number of days attendance of 
each pupil or scholar returned to them entitled to the 
distributive share of said income fund; and they shall 
make a report of the state and condition of such institu- 
tion drawing from the income fund to the governor, at 
the same time that other state officers are required to 
report. A copy of the proceedings of the board of re- 
gents, fully and fairly kept and certified by their presi- 
dent and secretary, shall be filed annually, at the close of 
each fiscal year of this state, in the office of the secretary 
of state. 
What schools Sec. 9. Evert chartered college or university in this 
«^;l*!^fL!?i ^^" state, in which the usual college course of studies has 
been established and prosecuted, having corporate prop- 
erty to the amount of fifty thousand dollars above all 
incumbi'ances, every female college or seminary having 
corporate property to the amount of twenty thousand 
dollars, and every incorporated academy having corpo- 
rate property to the amount of five thousand dollars, and 
every union or high school under the control of any city, 
village, town or district board of commissioners, trus- 
tees, or directors having control of the schools in such 
city, village, town, or district, according to the laws of 
this state, which shall establish and maintain a normal 
department in connection therewith, for the education of 
teachers, shall receive from the income of said fund, in 
such ratio as the board of regents shall designate. 

Sec. 10. The board of regents of normal schools are 
hereby authorized and empowered to employ such agent 
or agents as they may find necessary, whose duty it shall 
be, under the direction of said board, to visit and exer- 



ceive fuud. 



Agents, hoTv 
employed. 



NORMAL SCHOOLS. o5 

€ise a supervisory control over the normal department of 
■all such institutions in the state as shall apply to said 
board for a participation in the normal school fund, also 
to conduct county teachers' institutions, and give normal 
instruction in the same, and otherwise co-operate with 
the Superintendent of Public Instruction in providing a 
system of public educational addresses, to be delivered Addresses 
in the various counties in the state, and there is hereby pi'ovided for. 
appropriated a sum sufficient out of said normal school 
fund to defray the expenses of said agency. 

Sec. 11. All the income of the fund provided for in income fund 
section one of this act, after the payment of the expenses distributed. 
of the board and of the agency aforesaid, shall be dis- 
tributed to the colleges, universities, academies, and 
union or high schools severally (except the state univer- 
sity,) which shall have established and maintained such 
separate normal department according to the number of 
pupils instructed in such studies, and for such a period 
of time as the board of regents may designate as a quali- 
fication or condition for receiving the benefits of this act, 
until the amount awarded to any one of such institutions 
shall reach the sum of three thousand dollars annually. 

Sec. 12. The number of students pursuing the course Keports, how 
of studies which may have been designated by the board °^^'^®- 
■of regents in the normal department of any college, uni- 
versity, academy, and union or high school receiving the 
benefit of this act shall be reported to the board of 
regents, upon the oath of the president or principal 
and the secretary of the board of trustees of such insti- 
tution. 

Sec. 13. Warrants of the board of regents, signed by ^'^^rrants, 
the president and secretary thereof, and countersigned ^^°^ cli'awn. 
by the secretary of state, shall be drawn on the state 
treasurer in favor of such institutions for the amount ap- 
propriated to them severally, Avhich apportionment shall 
be made on or before the second Wednesday of April 
annually. Each institution shall give a receipt, signed Receipts giv- 
by its treasurer, or by the president and secretary of the ^"• 
board of trustees, to the state treasurer, on receiving 
any of the fund provided for in this act, and the state 
treasurer is hereby authorized to pay from the fund pro- 
vided for in the first section of this act all such warrants 
as are drawn upon him by the president and secretary of 
said board of regents in accordance with this act. 

Sec. 14. If any person authorized by this act, or by Penalty for 
the rules and regulations provided by the board of regents making false 
to make report from any normal school of the number of ^^^*^^ ' ^" 



56 



NORMAL SCHOOLS. 



powers. 



scholars taught tliorcin, shall mako any false report of the- 
number of students, the person so offending shall, on' 
conviction thereof, be punished by fine not exceeding two 
hundred dollars nor less than fifty dollars, or by impris- 
onment in the county jail not more than six months nor 
less than one month; and if any person, for the purpose 
of enabling any institution to draw any moneys as here- 
inbefore provided, shall make any false statement relative 
to the value of the property of such institution, or as to 
the establishing and maintaining a normal department in 
connection therewith, the person so offending shall, on 
conviction thereof, be punished by imprisonment in the 
county jail not more than one year nor less than six 
months, and b}^ fine not less than one thousand dollars 
nor more than three thousand dollars. 
Discretionary Sec. 15. Whenever any town, city or village in this 
state shall propose to give a site and suitable buildings 
and fixtures for a state normal school, free from all in- 
cumbrances, said board of regents may consider the same, 
and if, in their opinion, the interests of education will be 
advanced thereby, they may, in their disci'ction, select 
from such propositions the one most feasible, and located 
in such place as is deemed easiest of access, and appor- 
tion to the same annually a sum not exceeding three 
thousand dollars, for the support and maintenance of 
teachers therein. 

Sec. 16. No charge shall be made for tuition to any 
pupil or scholar in said state normal school, Avhose pur- 
pose is to fit himself as a teacher of common schools in 
this state; and the number and qualification of scholars, 
and regulations under -which they shall be admitted, shall 
be determined by the board of regents. 

Sec. 17. This act shall take effect and be in force from, 
and after its passage. 

Approved March 14, 1859. 



Relating to 
tuition. 



Take effect. 



NORMAL SCHOOLS. 67 



COURSE OF STUDY IN NORMAL INSTITUTES. 



The Board of Normal School Regents, in adopting the follow- 
ing course of study, deems it a duty it owes to the institutions 
claiming the funds under its control, to state distinctly its view 
of the requirements of the law by which the duties of this Board 
are defined. 

The act setting aside this fund gives power to the Regents to 
appropriate only to those institutions "which shall establish and 
maintain a Normal Institute in connection therewith, for the 
education of teachers," leaving it with the Regents to make and 
carry out such needful rules and regulations as they shall deem 
necessary. The original Board declared that " a Normal School 
or Normal Department, as contemplated in this act, is in the 
estimation of this Board, one in which students are educated 
with especial reference to fitting them for teaching in our Public 
Schools." The present Board have reiterated this as their de- 
cided conviction that this is the only just and true interpretation 
of the intent of the law. 

Nor does this Board understand that the pursuit of any one 
or more of these studies, or even the full course, without espe- 
cial reference to a preparation for teaching in our public schools, 
is sufficient to entitle the college or academy to become a recip- 
ient in the distribution of the fund. The course must be pur- 
sued in connection with lectures and constant reference to the 
theory and practice of teaching. It is not so much with refer- 
ence to giving instruction m the facts of the science that the 
Board have adopted a course of study, as to provide means and 
methods of illustrating lectures by actual studies in which the 
theory shall be reduced to practice. 

It is not sufficient then that these studies are pursued as such, 
to bring the pupil within the definition of studying for the pro- 
fession of teaching, and the Board cannot regard those who, in 
a regular academic or collegiate course may be pursuing the 
game studies, because the Principal or Faculty have prescribed 
it as their course as coming within the meaning and intent of 
Normal Students. There the facts, principles and theories are 
taught, to fit the student for practice in life. 

In the Normal department they must be pursued in connec- 
tion with lectures embracing the following subjects: Education, 
its nature and design; physical education; intellectual educa- 
tion; moral education; assthetical education; the history of ed- 
ucation; and the examination of the powers of the mind, especially 
8 



58 NORMAL SCHOOLS. 

with reference to receiving and communicating knowledge: 
school house architecture, including school furniture, grounds. 
(fcc. ; organization and classification of schools; graded scjiools; 
modes of teaching different subjects; the proper incentives for 
schools; rewards and punishments; the office of teacher; his 
duties to himself, his school, and the public; duty to the State, 
in reference to educating its citizens; the educational policy of 
Wisconsin. 

It is intended in this course of lectures, to present, as nearly 
as may be, the whole duty of the teacher, and to point out such 
modes of school discipline and management as shall assist the 
young teacher in preparing for his great work. The members 
of this department are also required to Avrite on various topics 
connected with education, and to discuss in form of debate, such 
subjects as may be assigned by the Principal of the Institution. 

The Board further propose to examine pupils on the studies 
of the course, and to award in their official capacity a certificate 
to all who shall have passed a creditable examination in the full 
course a first class certificate, and a second class for the first 
year studies. 

Previous to pursuing the course, the student shall pass an ex- 
amination by the Principal on the following studies : 

Reading, Spelling, Written Arithmetic, Elementary Algebra, 
Physiology, History of the United States, English Grammar, 
through the ordinary treatise used in the common schools in this 
State, Descriptive Geography, Composition, Elementary Sounds. 

FIRST YEAR. 

Theory and Practice of Teaching, connected with, and illus- 
trated by the studies in High School Arithmetic, Physical Geo- 
graphy, Political Geography, Algebra, Geometry, Modern 
History, Analysis of Language, Natural Philosophy, Natural 
Theology, Book-Keeping, Elementary Sounds, Vocal Music. 

SECOND YEAR. 

Theory and Practice of Teaching, connected with, and illus- 
trated by the studies in History of English Language and Lit- 
erature. 

Principles of General Grammar, Drawing, Trigonometry, 
Chemistry, Mineralogy, Geology, Astronomy, Intellectual Phi- 
losophy, Moral Philosophy, Constitutions of the United States 
and Wisconsin, Political Economy, Calisthenics, Mensuration 
and Surveying, Vocal Music, and review of whole course. 

The Board have further provided that the age at which stu- 
dents in the Normal Department, may entitle any institution to 
the benefit of the fund on their behalf, shall not be less than 
sixteen years, — with an actual attendance upon the instructions 



FORMAL SCHOOLS. 59 

of the department of not less than sixty-five days during the 
year. 

It is hoped on the part of the Board, that they have made 
their suggestions and regulations so distinct^as that, — with a 
careful study of the law under Avhieh these regulations are made 
— there may be no difficulty, on the part of those Institutions 
desiring a participation in the income fund of the Board, in un- 
derstanding and complying with them, where there is an honest 
desire to do so. If, however, there should be any important 
question upon which any institution may desire further informa- 
tion, a line addressed to the Secretary or either member of the 
Board will be cheerfully answered. 

Such Institutions as are described in section nine of the act 
of incorporation, which have fully complied with the provisions 
of said act, and the regulations of the Board in establishing and 
maintaining a separate Normal Department in which is taught 
the prescribed course of study, will be entitled to draw from the 
Income Fund in proportion to the number of properly qualified 
students who have received instruction therein for the requisite 
number of days. 

The report of the same must be made to the Secretary of the 
Board, by the 5th day of March of each year, embracing the at- 
tendance to the 1st day of January preceding, — containing dis- 
tinctly the names, ages and residence of each student returned; 
with the studies pursued, for at least sixty-five days in the separ- 
ate Normal Department, — which report must be signed and sworn 
to by the President or Principal, and the Secretary of the Board 
of Trustees of the Institution. 



60 REGULATIONS CONCERNINa APrEAT.S. 



REGULATIONS CONCERNING APPEALS. 



By th.o State Staperintenclent . 



1. An appeal must be in Avriting, signed by tbe appellant; and 
all the facts therein stated, with the accompanjing maps and pa- 
pers, intended to be presented in support of it, must be verified 
by oath. 

2. When the appeal has relation to the formation or alteration 
of a school district, it must be accompanied by a map of the 
district, exhibiting the site of the school house, the location of 
each inhabitant residing therein, the roads and lines of the old 
and new district, the streams of water, marshes, lakes, &c., in 
the districts, and all other information bearing upon the caso. 
Also, a list of the value of the taxable property, taken from the 
last assessment roll, and the number of children between four 
and twenty years of age, belonging to each inhabitant, distin- 
guishing the districts to which they respectively belong. 

3. When any proceeding of a district meeting is appealed 
from, any one or more of the inhabitants of such district who 
voted for the proceeding, or sustained the action appealed from, 
may answer the appeal, if the same is not answered within thirty 
days by the District Board. 

4. When the appellant is the District Board, a majority must 
sign the appeal. 

5. A copy of the appeal, duly verified by oath, and of all the 
statements, maps and papers, intended to be presented in sup- 
port of it, must be served on the officer or officers whose act or 
decision is complained of, or some one of them; if it is from the 
decision or proceeding of a district meeting, upon the District 
Clerk, or one of the District Board, whose duty it shall be to 
cause information of such appeal to be given to the inhabitants 
■who voted for the decision or proceeding appealed from; such 



REGULATIONS CONCEimiNO APPEALS. 61 

service must be made witliin thirty days after the making of the 
decision, or the performance of the act complained of, or within 
thirty days after the knowledge of the cause of complaint camo 
to the appellant, or some satisfactory excuse must be rendered 
for the delay. 

6. The party on whom the appeal is served must, within fif- 
teen days from the time of such service, answer the same, either 
by concurring in a statement of facts wuth the appellant, or by 
a separate answer. Such statement and answer must be in wri- 
ting, and be signed and verified by oath, by the party making it. 

7. A copy of the answer, duly verified by oath, and all of the 
statements, maps and papers, intended to be presented in support 
of it, must be served on the appellant, or some one of them, 
within fifteen days after the service of the appeal, unless further 
time shall be allowed by the State Superintendent, on applica- 
tion, in special cases. 

8. Affidavit, or admission of service of copies of the appeal, 
answer, and all other papers intended to be used on the hearing 
of the appeal, must in all cases accompany the same. 

9. No replication or rejoinder shall be allowed, except by per- 
mission of the State Superintendent, upon an affidavit, t^howing 
that new facts have come to the knowledge of the party wishing 
the rejoinder, since the appeal or answer has been submitted to 
the State Superintendent. 

10. All decisions on ap[ eal must be filed or recorded as the 
State Superintendent sliall direct. 

11. The decision of an appeal by tlie State Superintendent 
being ''final and conclusive," in no case can a relieariipf bo 
granted, after a case has been once decided. 

12. The first regulation of the Department concerning ap- 
peals, in, " An appeal viust be in writing, sigmd by the appel- 
lant; and flZZ facts therein stated, with the accomisanyini)- maps 
and papers, intended to be presented in support of it, 'must be 
veiified by an oath." The regulations also imperatively require 
that a copy of the appeal, duly verified by oath, with all the ac- 



62 KEGULATIONS CONCERNING APPEALS. 

company ing statements, maps and papers, must be served hj the 
appellant on the opposing party; and a copy of the answer must 
be duly served on the appellant. Notwithstanding these require- 
ments are so plain and positive, there are persons who imagine 
they must visit the State Superintendent in person, and explain 
and enforce their view of the question at issue. The Superin- 
tendent, to be just to himself and his position, can not consent 
to hear any ex-parte statements ; he can only receive and enter- 
tain papers in appeal cases, properly verified, and properly 
served on opposing parties; and it is only upon such cases, so 
presented, that a decision can be rendered. The decision must 
be made from the record, and no amount of personal visiting 
and plying the State Superintendent, can in the least affect the 
result. It is, therefore, very desirable that parties interested 
in appeals should not personally apply to the State Superinten- 
dent with a view or hope of influencing his action. He is de- 
termined to hear and examine cases only when ^'•in writing,''^ 
duly "verified," and properly served on opposing parties. 



INSTRUCTIONS. 6S 



INSTRUCTIONS 

FOR CONDCUTING PROCEEDINGS UNDER THE SCHOOL LAW. 



Prepared, loy the STzperiiateiadent of Pablic Iiastx-notion, 
Til pursuance of Section 11, qf Chapter 138 of General Laws of 1858. 



As questions frequently arise in the administration of the 
School Law bj school districts and Town Superintendents, which 
cannot satisfactorily be settled in the towns where thej originate, 
the opinion of the State Superintendent is solicited as the proper 
construction of the law, and the best mode of extricatino- them- 
selves from real or imaginary difficulties. This has given rise 
to an extensive correspondence with school officers and others, 
which has not been diminished by the numerous and repeated 
decisions that have been made, of which the records bear evi- 
dence. It is designed in the following pages, to provide the 
requisite forms for proceedings in the administration of the law, 
accompanied with such explanatory notes and instructions as are 
thought necessary to aid school officers in the performance of 
the duties devolving upon them. 

There is also included in this volume a commentary upon the 
text of the law, answering the questions that frequently arise, 
particularly in regard to the powers and duties of officers, which 
it is hoped will not only save the trouble and expense of a cor- 
respondence heretofore deemed necessary, but obviate delays, 
and prevent, in some measure, difficulties that might otherwise 
arise. 

School officers, and others, are invited to a free and unre- 
stricted correspondence upon all subjects relating to the School 
Law or educational interests of the State. 



COMMBNTARY ON THE SCHOOL LAW. 65 



NOTES ON THE SCHOOL LAW. 



OF THE ORGANIZATION OF SCHOOL DISTRICTS. 

(Sec. 1.) The principal object of the Town Superintendent 
in forming school districts should be, as far as possible, to secure 
permanent and efficient districts, with a sufficient amount of 
taxable property and number of children to maintain a school 
at least six months each year, affording the requisite facilities 
for the regular attendance of all the children residing in the dis- 
trict. He should especially avoid dividing districts so as to 
render them so small as to cripple and deprive them of the power 
of maintaining good schools and paying the wages demanded by 
a good teacher; as it is of vastly more importance to every 
neighborhood, every parent and every child to have good and 
efficient schools than to save a few dollars in taxes for teachers' 
■wages. As it is plainly impossible to lay down even a general 
rule as to the proper size of a district, the Superintendent must 
be guided by his own good judgment; but about four sections 
'of land in a tolerably well settled country, with from forty to 
eighty scholars, would be a good standard size. Such a district 
could maintain a good school easily for ten months a year, with- 
out suffering from heavy taxation. And every district, feeling 
a proper regard for the interests of the rising generation, should 
endeavor not to be satisfied with a three months' school — barely 
complying with the law, so as to receive their share of the appor- 
tionment. Our free school system is lifeless without the sus- 
taining hand of the people; hence the necessity of securing the 
co-operation of the inhabitants interested, and of avoiding all 
occasions for strife and dissensions which destroy, in a measure, 
the prosperity and efficiency of the district. 

It is, in many cases, impossible to satisfy all in the formation 

■ or alteration of the boundaries of school districts, and the Su- 
9 



C6 COMMENTARY ON THE SCHOOL LAW. 

perintendent, having discharged his duty impartially, should 
endeavor to reconcile disaffected persons in the changes made; 
but it is better to submit to many temporary and local inconve- 
niences than to create general dissatisfaction by alterations that 
may even be highly judicious and beneficial. 

Districts should be described according to the Government 
Surveys, but marked natural objects, as rivers, 6cc., will be a 
Buitable boundary. The description should be made as correct 
as possible, and immediately filed with the Town Clerk, and the 
necessary alteration made in the map of the town. A "taxable 
inhabitant" means one liable to pay a tax, and not one who has 
already been assessed. 

Notice of the first meeting of a district to organize (see Form 
No. 3, and Note) should bo given within twenty days after the 
formation takes effect; but if for any cause it is not so given, it 
may be at a subsequent time. 

(Sec. 2.) Notice of the First Meeting requires personal ser- 
vice, or service by leaving a written notice. No other meeting 
requires this, but all Annual and Special Meetings are called 
according to Section 29. 

Qualified voters at a School Meeting are those qualified to vote 
at a general election for State and County officers. The law 
also requires a residence of ten days in the district. 

The qualifications requisite for a voter at a general election, 
are as follows : 

" Every male person of the age of twenty-one years or up- 
wards, belonging to either of the following classes, who shall 
have resided in the State for one year next preceding any elec- 
tion, shall be deemed a qualified voter at such election : 
"1. White citizens of the United States; 
" 2, White persons of foreign birth, who shall have declared 
their intention to become citizens, conformably to the laws of 
the United States on the subject of naturalization; 

"3. Persons of Indian blood, who have once been declared 
by law of Congress to be citizens of the United States, any sub- 
sequent law of Congress to the contrary notwithstanding;. 



COMMENTARY ON THE BCnOOL LAW. 67 

" 4. Civilized persons of Indian descent, not members of any 
tribe. 

" No person under guardianship, non compos mentis, or in- 
sane, shall be qualified to vote at any election; nor shall any 
person convicted of treason, felony, or bribery, unless restored 
to civil rights; nor shall any person who, being an inhabitant of 
this State, may hereafter be engaged, directly or indirectly, in a 
duel, either as principal or accessory, be permitted to vote at 
any election; nor shall any person who shall have made, or be- 
come, directly or indirectly, interested in any bet or wager de- 
pending upon the result of any election at which he shall offer 
to vote, be permitted to vote at such election." 

The person appointed should notify every voter, as the law 
directs, (see Porm No. 4) and make the proper return (Form 
No. 5) which should be recorded, as without this there is no re- 
corded evidence of the proper organization of the District, or 
of its legal boundaries. 

(Sec. 4.) The law makes it the duty of the inhabitants to 
assemble upon the proper call for a School Meeting, and if this 
were obeyed, there would be fewer district quarrels. Often but 
four or five persons assemble at the Annual meeting, and trans- 
act business for forty or fifty voters, and amidst the many minds 
of many men these proceedings are by many considered unjust, 
and sometimes dishonest. Frequently incompetent or dishonest 
men are thus elected, against the will of a very large majority 
of the district. This evil should be corrected. 

(Sec. 7.) The law provides, that a school district shall be 
deemed duly organized when any two of the officers elected 
shall have filed their written acceptance of the offices to which 
they have been respectively elected, with the District Clerk; 
and as none but an organized district has any powers under the 
law, it follows that at the first meeting of a district after its for- 
mation, no further business can be legally transacted than the 
election of officers, unless the persons elected are present and 
immediately file their written acceptance. (See Form No. 7.) 

The law also declares that a district shall be legally organized 



68 COMMENTARY ON THE SCHOOL LAW. 

after it shall have exercised the franchises and privileges of a 
school district for the term of two years; but this does not imply 
that the district is not fully organized, and has all the rights 
and privileges of a duly organized school district. In the case 
of a joint district, the organization is complete upon the election 
and qualification of its officers, nor can one Town Superinten- 
dent, before it shall have been organized two years, alter its 
limits without the consent and co-operation of the Superinten- 
dents of all those towns in which any part of such joint dis- 
trict may be situated. 

The qualified voters of a district, when assembled at the first 
meeting, have the same power to transact business as at the an- 
nual meeting. 

(Sec. 8.) The law makes School Districts bodies corporate, 
and consequently all contracts made with the District, and all 
suits brought by the District, and in all writings whatever the 
name of the District should be inserted and not the names of 
the officers, except when the officers are empowered by law to act. 

district meetings. 

(Sec. 9.) The time for holding the annual meeting in each 
district is fixed by law at six o'clock in the afternoon, of the last 
Monday of September in each year; but any annual meeting 
may change the liour for holding the next annual meeting by 
vote, duly recorded. For notice of annual meeting, see Form 
No. 8. 

(Sec. 10.) Six days notice must be given of each annual 
meeting, and of every meeting that shall have been adjourned 
for a longer time than one month, (see Form No. 10.) and of 
every special meeting, (except as provided in section three, when 
a district has lost its organization,) by posting notices in four 
or more public places in the district. 

No annual meeting shall be deemed illegal for want of due 
notice, unless it shall appear that the omission to give such no- 
tice was willful and fraudulent. This provision is intended to 
apply to cases, when through mistake or accident, the proper 



COMMENTARY ON THE SCHOOL LAW. 69' 

legal notice was not given, and not to cases where no attempt 
has been made to comply with the law. The above provision 
will apply equally to special meetings. For when the Clerk un- 
dertakes to give the requisite notice, and fails unintentionally to 
strictly comply with the law, the proceedings of the meeting wil 
not be void on that account, but may be set aside on appeal, for 
sufficient cause shown. 

(Sec. 11.) The law does not specify what number of voters 
shall constitute a quorum for the transaction of business at a 
district meeting; and if the notice of any meeting has been le- 
gally and fairly given, and the proceedings are regular, they will 
not be disturbed because of the few voters that were in attend- 
ance. It is the duty and the privilege of all voters to attend 
the annual and special district meetings, especially as officers are 
to be elected for three years. Much of the difficulty in school 
districts arises from efforts made at special meetings to annul 
or change the action of the annual meetings; and such changes 
are frequently made, involving the district in a neighborhood 
strife, or in the trouble of a vexatious appeal or an expensive 
lawsuit. It is the manifest duty of all voters in a district to 
assemble at the time and place appointed for the transaction of 
business, and for deliberation and consultation upon the various 
interests connected with their schools. Such meetings should 
be conducted with order, regularity and decorum; no other feel- 
ing than a sincere desire to promote union, harmony and concert 
of action should be there entertained. It is the will of a major- 
ity of the district that is required to secure efficiency in the acts 
of the district. 

At the appointed hour, after making an allowance of fifteen 
or twenty minutes for difference in time pieces, if the voters are 
not all assembled, the meeting should organize by the appoint- 
ment of a Chairman, the Clerk of the district acting as Clerk 
of the meeting. If the Clerk is not present, or if it is the first 
meeting of the district, the meeting should choose a Clerk for 
the time being; but if the District Clerk is present, it is his 



TO COMMENTARY ON THE SCHOOL LAW. 

duty to act as Clerk, and in no case can a substitute be appoint- 
ed, if he is present. 

The meeting is then organized for the transaction of business; 
and if there are but a few voters of the district present, it is 
always advisable to adjourn the meeting, if a larger number can 
bo assembled by so doing. 

The regular mode of choosing district oflScers is by ballot, 
separately for each office, and this mode of proceeding should 
not be dispensed with under any circumstances. 

The person receiving the highest number of votes should be 
declared elected by the chairman, and the number of votes cast 
for each candidate should be recorded by the clerk. When 
officers have been fairly elected, it is not in the power of the 
meeting to reconsider or rescind the vote by which they were 
chosen. If any person so chosen is present, and signifies to the 
meeting that he will not accept, the meeting may, as thought 
best, make another choice, or allow the vacancy to be filled by 
appointment, though it is better to make another choice at once. 
It is not necessary that a person should be a voter, in order to 
be eligible to election as a district officer. 

All other business of the meeting should be transacted by 
written resob-fljn, regularly put to vote in the customary man- 
ner. If there is any doubt in ascertaining the result of any 
vote, the persons voting for or against any resolution should be 
determined by count, or by ayes and noes. But upon all reso- 
lutions contemplating the levying of a tax, changing the site of 
the school house, building new school house, or the purchase 
of a school house or school house site, it is necessary that tho 
vote be taken by ayes and noes, and recorded in the records 
by the District Clerk. And to prevent delay in the proceed- 
ings of the meeting, the Clerk should have prepared a list of 
the voters of the district, for taking the ayes and noes upon 
the different propositions that will probably come before the 
meeting after the following form : 



COMMENTARY OX THE SCHOOL LAW. 



Tl 



Nambs of Votees. 


On resolution 
to designate 
School House 
site. 


On resolution 
to raise ^250 
tax to build 
School House 


On resolution 
to raise ^40 
tax to pay 
teacher's wa- 
ges. 


On resolution 
to raise fl5 
tax for Libra- 
ry. 




Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


James Miller 

Thomas Carroll. .... 
John Olfirk 




































Edward Ross 

Henry Billings 

William Johnson... . 
Alvin Morris 
















































5 


2 


7 




4 


3 


5 2 



As the law authorizing special meetings to levj a tax, and 
fche District Treasurer to collect the same, is intended to apply 
only in cases of emergency, and not to be the general rule, ife 
becomes necessary for the District Board of each district to es- 
timate the expenses necessary to be incurred by the district for 
the ensuing year, and submit a detailed statement thereof, 
stating separately each item of expenditure, to the annual 
meeting. Besides, the annual meeting is the proper time for 
the district to settle all matters relating to the schools for the 
ensuing year, and it is far better to have a full and free expres- 
sion of opinion from all, than to leave the whole control and 
management of the schools with the District Board. The 
Board should feel bound by such action of the annual meeting 
and carry out, as far as possible, the expressed wishes of the 
people of the district. 

All propositions brought before a district meeting should be 
voted upon separately^ in order to obtain an expression of the 
real wish of every voter upon each of the propositions submitted. 

School districts may alter, repeal, or modify their proceedings 
as occasion may require. This can not be construed to apply 
to the reconsideration of the election of officers, or to any pro- 
ceedings that have been partially or wholly carried into effect; 
OS where contracts have been entered into, liabilities incurred, 



72 COMMENTARY ON THE SCHOOL LAW. 

or expenditures of money had, in carrying out any measure 
directed by the district, as there are no means provided to 
indemnify those who may be losers thereby. When district 
officers have been legally elected at any district meeting, neither 
that nor any subsequent meeting have any power to reconsider 
or rescind the vote, whether by ballot or otherwise, by which 
such officers were chosen. A district officer, when elected, 
cannot be deposed by a vote of a district meeting. If it is 
intended to alter or modify at a special meeting any proceedings 
of a previous meeting, the intention to do so must be specified 
in the notice calling such meeting. (See section 29.) 

A tax cannot be voted for arrearages generally, or to reim- 
burse district officers for moneys expended by them, unless it 
appears by the vote that the money is to be applied to the 
objects for which taxes may be raised; all such votes must be 
taken by ayes and noes, and entered at length upon the district 
records. 

When the voters of a school district have by a vote to that 
effect, authorized the District Board to make repairs upon the 
school house, or to do any other lawful acts involving an expen- 
diture of money, they will be required to save the district officers 
harmless if the latter have acted in good faith. 

A school house built by subscription may, if under the con- 
trol of the District Board, be kept in repair by a tax on the 
taxable property of the district. 

The voters of a School District cannot, by a vote to that 
effect, direct that the requisite fuel shall be provided by those 
persons sending children to school, in proportion to their attend- 
ance, as no such vote can be enforced. The inhabitants may 
voluntarily contribute their proportion of fuel, which will of 
course lessen the amount of taxes to bo raised; but if they do 
not, the District Board are required to furnish fuel, to be paid 
for by a tax levied upon the taxable property of the district. 

It is the duty of the person acting as Clerk to keep acccurate 
minutes of the proceedings; and before the meeting is adjourned 
the minutes should be read, that errors, if any, may be corrected 



COMMENTARY ON THE SCHOOL LAW. 73 

and afterwards they should be recorded by the Clerk in the 
record book of the district. 

No particular form is required for keeping the minutes of the 
proceedings of a district meeting. They should be recorded 
just as they occurred. It is important, however, that the time 
and place of holding and character ot the meeting should be 
distinctly stated, which may be as follows: 

"At a meeting of the legal voters of school district No. — , 

of the town of , held pursuant to adjournment, at , 

on the day of , 18 — , [or, if it is the annual 

meeting, say, '^at an annual meeting of, ^c, held pursuant to 
notice, at,'''' ^fc; or if it is a special meeting, sag, at a special 
meeting, cj^c , held pursuant to a special notice hy the Clerk, 
at,''^ ^c: or if it is appointed by the Toivn Superintendent, 
say, "^at a meeting of the legal voters of, ^c, held pursuant to 
appointment by the Town /Superintendent, and notice served on 
all the qualified voters of the district, at,^'' ^fc.,] A. B. was 
chosen Chairman, and C. D. was present as District Clerk, \or if 
the Cleric was not present, say, "the Clerk being absent, R. S. 
was chosen Clerk, jsro i(em."] 

Then enter the proceedirgs in the form of resolutions, and 
state whether adopted or rejected, and the names of every 
person voting for and against any resolution, if the ayes and 
noes are required to be taken according to the instructions above 
given, as voting a tax, &.c., or if demanded by any five voters 
present. 

(Sec. 12.) Special meetings may be called by the Clerk, or 
in his absence by the Director or Treasurer, on the written re- 
quest of any five legal voters of the district; and the qualified 
voters legally assembled at a special meeting, have power to 
transact the same business as at the annual meeting. 

Section twelve of the School Laws, provides that a special 

meeting may have power to transact the same business as at the 

first and each annual meeting. In the case of the destruction 

of a school housefby fire, or in case of any other emergency, it 

may become necessary to levy a tax and proceed at once to its 
10 



T4 COMMENTARY OS THE SCHOOL LAW. 

collection. To obviate the difficulty experienced under the old 
law, this power was conferred upon special meetings, and the 
sections of the Revised Statutes of 1849, quoted between sec- 
tions thirty-six and thirty-seven, of this edition of the School 
Law, were revived, and are now in force, in relation to the 
assessment and collection of school district taxes voted at any 
such special meeting. 

Dut no business can be legally transacted at a special meeting 
which was not specified in the notice calling it. (See Form 
No. 9.) 

The law provides that "special meetings may be called," <fcc. 
by the Clerk. The use of the word may does not leave the 
matter optional with the Clerk. The discretion is left only 
with the legal voters of the district; and if any five of them 
make a written request of the Clerk to call a special meeting, 
stating the objects for which they wish it called, it is the imper- 
ative duty of the Clerk to do so, and any neglect or refusal on 
his part will subject him to a fine under section eighty-eight of 
the School Law. But the Clerk is not obliged to call special 
meetings repeatedly to act upon the same business. After a 
matter has been decided by a full meeting, the decision should 
be acquiesced in by the District. 

(Sec. 13.) If the time for holding the annual meeting in any 
district, shall pass without the election of district officers, the 
Clerk, or in his absence, either the Director or Treasurer, within 
twenty days after the time for holding such annual meeting, may 
notify a special meeting for such election in the manner pre- 
scribed in the twelfth and twenty-ninth sections, (fcc, as set 
forth in the 13th section of the School Law. That is, the Clerk 
must call the meeting if requested by fivo legal voters, and must 
give notice the same as for any other special meeting. If a 
special meeting is not thus called, the Town Superintendent 
may; in his discretion, appoint new officers. 

(Sec. 14.) No school district meeting can vote to raise a sum 
exceeding five hundred dollars for building, hiring, or purchas- 
ing a school house, without a written certificate from the Super- 



COMMENTARY ON THB SCHOOL LAW. 75 

intendent of the town in which the school house is to he situated^ 
that a larger sum ought to be raised. (See Form No. 11.) In 
a joint school district, a majority of the Superintendents of the 
towns in which such district is situated, must sign the certificate 
before a larger sum than $500 can bo voted to build, hire, or 
purchase a school house. 

The voters of a district may legally vote a tax to enlarge their 
school house, notwithstanding it may have already cost §500 
without a certificate from the Town Superintendent. 

(Sec. 15.) By section fifteen the qualified voters, at an annual 
meeting, may determine the length of time a school shall be 
taught, whether hj a male or female teacher, the application of 
public money, dsc; but if the meeting does not direct the Board 
in these matters, it becomes their duty to act the same as the 
district might have acted. 

If these matters are not attended to at the annual meeting, no 
determination of them at a special meeting will annul any pre- 
vious contract made by the District Board. 

The Board are authorized to hire a teacher for three months, 
even though the district vote that they will have no school. 

It is desirable and important that schools should be taught in 
every district in the State throughout the year, with the excep-' 
tion of the usual vacations; but as this is impossible in a great 
majority of districts, there should be at least two terms, one 
commencing on the first of May, and the other on the first of 
November, thus accommodating a class of scholars who are ne- 
cessarily engaged in agricultural or other pursuits, and unable 
to attend school during the summer months. 

DISTRICT OFFICERS AND THEIR DUTIES, 

(Sec. 16.) The officers of a school district are a Director, 
Treasurer and Clerk, who constitute the District Board, and a 
majority of the members thereof is sufficient to give validity to 
any act of theirs as a District Board. They hold their respect- 
ive offices three years, and until their successors are elected 
and qualified, but not to exceed ten days beyond the expiration 



76 COMMENTARY ON THE SCHOOL LAW. 

of theii' term of office, or if appointed, beyond the first annual 
meeting succeeding their appointment. The manner of calling 
a special meeting to elect district officers when the annual meet- 
ing has passed without an election, has been considered under 
section 13. 

District officers are not required to file a written acceptance 
with the Clerk, except at the organization of a district, and 
when an appointment has been made to fill a vacancy. The 
Clerk of the meeting, at which officers were elected, is required 
to notify the persons elect who were not present at the time of 
their election, (see Form No. 12); and unless each person so 
elected and notified, shall within ten days after his election, file 
with the Clerk his ?-efusal in writing to accept the same, he shall 
be deemed to have accepted the office, (see Form No. 13). A 
person appointed to fill a vacancy, (see Form No. 24), must file 
a written acceptance. (See Form No. 7). 

A written refusal to accept is only necessary in cases of writ- 
ten notice of election or appointment. 

If a district neglects or refuses to elect officers, the officer 
elected the previous year holds his office for ten days after the 
expiration of his term, at which time the Board may appoint his 
successor; but if they neglect or fail so to appoint for ten days^ 
the Town Superintendent may fill the vacancy by appointment. 

District officers must be chosen by ballot. The fact that 
officers are elected, and so declared, by any mode, without any 
express resolution previously adopted, directing the mode of 
electing officers, implies a consent to the manner of election by 
which they were actually chosen. But the correct mode of 
electing officers is by ballot, and no school district should depart 
from it. In whatever way officers are elected, the vote should 
be recorded in the minutes of the meeting. 

(Sec. 17.) It is the duty of the Director to sign all orders 
drawn by the Clerk on the Treasurer, (see Form No. 14), or 
the Treasurer is not required to pay them. But the Director 
is expected to see that the orders drawn by the Clerk are legiti- 
mate and proper, and contemplate no illegal or unauthorized 



COMMENTARY ON THE SCHOOL LAW. 77 

disbursement of public money; still, the Director liias no right 
or authority to withhold his signature unreasonably; any such 
unreasonable refusal to perform his required duties will render 
him liable to a fine. The only reason for refusing to sign an 
order drawn by the Clerk, which can be given, is that the orders 
are illegal or incorrect. 

(Sec. 18.) The Director shall conduct any action ordered to 
be brought by the district, when no other direction shall be 
given, but this must not be construed into giving the Director 
authority to commence actions whenever he may see fit. He 
may commence action against the Treasurer for any breach of 
the conditions of his Bond, as provided in section 20. 

(Sec. 19.) In case a Treasurer persistently refuses to pay 
over moneys upon the proper order he becomes not only liable 
on his bond, but also liable to an indictment for embezzlement. 
Chapter 165, Sections 30, 31,32, R. S. contain the following sen- 
tences : "If any person having in his possession any money 
belonging to this State, or any county, town, city, or other 
municiiJal corporation * * * or if any collector or 
treasurer of any town or county or incorporated city, town or 
village, or any other person holding an office under any law of 
this State * * * * yf\^Q shall willfully neglect or 
refuse to pay over the same, or any part thereof, according to 
the provisions of law * * * * shall be deemed and 
adjudged to be guilty of an embezzlement. * ^> * ^^^ 
every refusal by an officer to pay any sum lawfully demanded, 
shall be deemed an embezzlement of the sum so demanded. 
Any person demanding of any officer any sum of money which 
he may be entitled to demand and receive, who shall be unable 
to obtain the same, by reason of the money having been embez- 
zled as aforesaid, if he shall neglect or refuse for thirty days 
after making such demand to make complaint against such officer, 
shall be deemed an accessory, and upon conviction thereof shall 
be fined in a sum not exceeding one hundred dollars." 

The law is thus exceedingly stringent, and must be complied 
with fully. 



78 COMMENTARY ON THE SCHOOL LAW. 

It is the duty of the Treasurer to apply to the Town Super- 
intendent for the school money due his district as soon as the 
same becomes payable, and give his receipt therefor to that 
officer, that he may be able to make his annual settlement with 
the Town Board of Supervisors. 

The form of such receipt may be as follows : 

" Received of A. B., Town Superintendent of schools of the 

town of , the sum of dollars, being the amount of 

school money apportioned to school district No. , of said 

town, by said Town Superintendent, for the year 185 — . 
"Dated, &c. "F. S.,_ 

^^ Treasurer of school district No. — , 
of the Town of ." 

The same form of receipt will also answer when moneys are 
received of the Town Treasurer, by a change of the official 
title. 

(Sec. 20.) The Treasurer should be careful to keep a minute 
and correct account of every transaction of his office, and pre- 
serve the vouchers for all money paid out. A mere exhibition 
of vouchers by the ^Treasurer to the meeting is not all that is 
required by the law. Each item of his account must be partic- 
ularly and fully set forth and reported to the meeting, that it 
may be recorded by the Clerk. The finances of the district 
are always a matter of solicitude to those interested, and a very 
little attention on the part of the Treasurer will enable him at 
all times to satisfy any one of their true condition, and inspire 
confidence in his report by convincing them of its correctness. 
The Treasurer is liable on his^bond for any malfeasance in office, 
or for refusing to pay any balance that may be in his hands to 
his successor. 

The report of the Treasurer should always be properly audi- 
ted, and if found correct accepted, and the report in full, with 
the report of the Auditing Committee, and the vote of accept- 
ance, entered at length upon the records of the district. 

(Sec. 21.) The office of Treasurer becomes vacant, unless 
the person elected qualifies within ten days by filing his bond, 
duly approved by the Director and Clerk. (See Form No. 16.) 



COMMENTARY .ON THE SCHOOL LAW. 79 

It is the duty of the Treasurer elect to procure the endorsement 
of the Director before he files his bond. 

(Sec. 22.) If the Clerk receives the bond and retains it be- 
yond the ten days, without signifying to the Treasurer his 
refusal to file the same, the Treasurer can consider the same as 
approved by him, and the Clerk will be obliged to file the same 
at the date of reception. 

(Sec. 23.) An appointed Treasurer is not restricted to ten 
days to file his bond, but he must file it before entering upon 
the duties of his office. He will hold ofiice only until the next 
Annnal Meeting. 

(Sec. 24.) In case of any breach of the conditions of the 
Treasurers bond, before the expiration of his term of office, it 
is the duty of the Director to bring an action according to sec- 
tion 22, but any action after the expiration of his term of office, 
must be brought by his successor in office. The Treasurer 
should, j'n all cases, be held strictly to the duties of his office. 
His final report should be thoroughly examined, and the new 
Treasurer's receipt for the sum received from his predecessor, 
together with the final report should be entered upon the 
records. 

In case taxes are voted at a special District Meeting, it is the 
duty of the District Treasurer to collect them, and for this 
purpose the powers of Town Treasurers are conferred upon him. 
(See sections 70, 71, 72, of the Statutes of 1849, published 
between sections 36 and 37 of this law). 

(Sec. 25.) The duties of the Clerk are particularly specified 
in the law, which are generally to keep all the records of the 
district in a book provided for that purpose. To aid him in the 
discharge of his duties, the necessary forms accompany these 
notes. If not present at a district meeting, it is his duty to 
record the proceedings thereof when certified to him by the 
Clerk of the meeting. 

It is also made the duty of the Clerk to record the Annnal 
Report of the District. This is too frequently disregarded, and 
many papers of value are carelessly lost. Everything of impor- 



80 COMMENTARY ON THE SCHOOL LAW. 

tance to the district should be preserved, and as far as possible 
entered upon the records. 

(Sec. 26.) The Clerk of the District Board acts in a double 
capacity: as a member of the Board he has a voice in their 
meetings; but as Clerk of the Board he is simply to carry out 
the expressed will of a majority of the Board. If present at 
any meeting of the District he must act as Clerk, and in no case 
can a substitute then be appointed. 

(Sec. 27.) Section 88 of the School Law imposes a fine upon 
the Clerk, and other district officers, for neglect of duty. The 
Clerk, and all district officers, must be left to their own discre- 
tion in their action, but a persistent refusal to carry out the 
wishes of the Board, should vacate the office of the person who 
thus acts. Harmony of action should be preserved, or the effi- 
ciency of the school is very much impaired. 

The evident intent of the law in regard to the employment of 

teachers is, that a majority of the Board shall hire the teacher. 

If the Clerk obtains, with his own, the endorsement of another 

member of the Board, they two constitute a majority — the 

Clerk merely carrying out the wishes of the Board in drawing 

up and signing the contract in his capacity as Olerk of the Board. 

If the District Clerk had the power to set the other members of 

the Board at defiance, he would be the sovereign of the district, 

unless there was some remedy against such an unwarranted 

assumption of power. There is such a remedy in the law, which, 

in effect, declares that a majority of the Board shall select the 

teacher, as two of them are required to sign the contract; then 

it plainly becomes the duty of the Clerk to draw up the contract 

and sign it. If he refuses to do this, the other members of the 

Board should, after all means of settling the difficulty have been 

used in vain, declare his office vacant, and proceed to appoint 

one in his place, who will feel it to be his duty to carry out the 

expressed wishes of the Board and the people. Still, the Clerk 

may have good and valid reasons for such refusal, in which case, 

upon appeal to this Department, the matter will be decided. 

The Clerk has no right to question the qualifications of a teacher 



COMMENTARY ON THE SCHOOL LAW. 81 

chosen by the Board, as that question is considered settled if 
he has a certificate from the Town Superintendent. And if the 
Board agree as to the teacher, it becomes the duty of the Clerk 
of the Board to carry into effect their wishes. This arises 
from what has before been stated, that the Clerk acts in a double 
capacity — as a member of the Board, and as Clerk of the Board. 
It is the duty of the Clerk to hire qualified teachers; but as 
a contract made by him without the consent of either the 
Director or Treasurer, or both, is not binding upon the district, 
it becomes necessary for the Clerk to consult with the other 
officers before the contract with the teacher is complete. If th® 
officers would, on every occasion, consult with each other on all 
matters left to them by the district, or imposed upon them by 
law, there would be no occasion for any misconception of the 
views and feelings of each other; and it would be a preventative 
of the difficulties arising in school districts, that sometimes result 
in destroying the usefulness of the school, and prostrating the 
energies of the district. 

The Clerk is not authorized to contract with any but qualified 
teachers, and if the Board would invariably insist that the 
applicant should produce the necessary certificate before the 
contract is made, it would also prevent much trouble; for a 
contract made with a teacher who is not qualfied, is not binding 
upon the district, and the District Board make themselves indi- 
vidually liable to pay the teacher. (For form of contract see 
No. 17). 

The contract should be filed with the District Clerk, and a 
duplicate furnished to the teacher. 

There is a diversity of opinion and practice in relation to the 
word "month" when applied to schools; but general usage has 
determined a school month to mean twenty- two days; allowing 
the teacher to close the school during the afternoon of each 
Saturday, or teach all day every other Saturday as may best 
suit the convenience of the scholars, if he wishes to count four 
weeks to the month. The custom quite generally prevails in 

cities and villages of teaching but five days in each week; and 
11 



82 COMMENTARY ON THE SCHOOL LAAV. 

it is the opinion of many of our best teachers that this custom 
had better prevail in the country, as whenever school is taught 
six days in the week, — especially in the summer, — childi-eii are 
allowed no whole day for recreation, and the time can still easily 
be computed at twenty-two days a month. 

From long established and time-honored usage, schools may 
be closed, without loss of time to the teacher, on days which it 
is customary to observe as holidays, among which may be enu- 
merated the Fourtli of July, ChristDias, New Year's, an'i the 
day set apart by the Executive as a day of thanksgiving. In 
such cases, it would be well for the teacher to consult the 
District Board, so that no difficulty can arise. Still, as above 
stated, custom has given this privilege to the teacher as a right. 

The duties of the office of District Clerk and teacher of the 
school of the same district, are incompatible. The Clerk is the 
agent of the district, and one of the Board to employ a teacher; 
and while acting in that capacity cannot act as teacher, as he 
would have to enter into contract with himself, determine his 
own wages, and draw orders for the payment thereof, anJ do 
other things which are inconsistent, not to say illegal. If the 
District Clerk desires to teach the school of his district, he 
should resign, and have some one appointed to fill his place. 

In all cases of confiict of opinion between officers, a special 
meeting should be called, and the matter laid before the people 
of the district, and their expressed will should be considered as 
binding the officers in their action. In hiring teachers espe- 
cially, it is always advisable that the feelings of the people 
should be consulted. 

(Sec. 28.) The District Board are required to provide the 
necessary appendages of the school house. Of their expenses 
in so doing they must keep an accurate account, and present the 
same for allowance at the annual meeting. This general power 
to furnish necessary appendages must not be construed to war- 
rant the District Board in incurring more than the usual and 
ordinary expenses necessary to keep the school house in good 
repair, supplied with fuel and such appendages as are ordincirily 



COMiVIENTAEY ON THE SCHOOL LAW. 80 

found in, and necessary to the usefulness of a school. A hlack 
board is considered an indispensable appendage to a school room, 
and may be provided by the District Board. All extraordinary 
expenditures should be authorized by a vote of the district, 
such as increasing the size of the .school house, purchasing new 
furniture, 6cc. The Board being required by law to keep the 
school house in good repair, they are not warranted in renting a 
room for the school, if the district is possessed of a school 
house. School houses always need this supervision, and should 
be thoroughly cleaned and repaired every term, as want of order 
and neatness in the school house will tend to render the scholars 
reckless, and unmanageable. It is only right that the Teacher 
should be furnished with a respectable building, and not be con- 
demned to teach when the necessary associations destroy all the 
good he can do. Out-houses properly hidden, two in number, 
and at some distance from each other, are indispensable append- 
ages of a school house, and School Boards should immediately 
erect them, if wanting, 

(Sec. 29.) All district meetings (except the first meeting), 
are called by posting four notices for six days. This notice 
must contain the time and place, and if for a Special Meetings 
the business proposed to be acted on. In fixing the time, the 
hour of the day must be specified. If business not specified ia 
the notice be transacted at a special meeting, it will be voidy 
but it will not render the whole proceeding illegal. 

(Sec. 30.) The Form for the Clerk's Beport will be found 
among the Eorms as No. 18. Clerks should be careful to fill 
all the blanks. If nothing is to be entered, place a cipher ia 
the proper column to indicate that it is not left blank throuwli 
carelessness. The census of scholars should be carefully taken, 
for the report is made the basis of the Apportionment. The 
wages of the teacher must in all cases include board, if this is 
contracted for separately. It is required that the Clerk report. 
the average attendance of the scholars at school. The war to 
find this average, is to add together the number of days eaek 
scholar has attended school, and divide this sum by the whole 



84 COMMENTARY ON THE SOIIOOL LAW. 

number of scholars; this will give the average number of days; 
divide this by 22 and it will give the average number of months. 
In reporting the financial statistics of the district, the Clerk 
will bo obliged to call upon the Treasurer for a statement. This 
the Treasurer can always give at once if he has properly kept 
his books. The Clerk should report only the moneys actually 
received by the district, and the sums actually paid out by the 
Treasurer, and not the orders issued. 

(Sec. 81.) Tlie State Superintendent forwards the blanks for 
the District Clerks' Reports to tlie Town Superintendent, from 
whom they are to be obtained. 

(Sec. 32.) All orders, to be legal, must be drawn by the^Clerk 
and countersigned hj the Director. The Treasurer cannot test 
the legality of such an order, as the order itself is a suiBcient 
voucher for him. 

(Sec. 83.) It is the duty of the Clerk to furnish a school 
register, at the expense of the District, for the use of the 
teacher, in which shall be entered the names, ages, studies, 
attendance and absence of all scholars attending school. As it 
is impossible for the Clerk to report to the Town Superintend- 
ent some of the facts required to be reported, unless this regis- 
ter is kept, it is important that the Clerk should furnish such 
register to the teacher, and his willful neglect or refusal to make 
the requisite entries will cause a forfeiture of wages. (See 
Form No. 20.) The State Superintendent never furnishes 
registers. They can bo procured at almost any bookstore. 

It is also necessary that the District Clerk should make im- 
mediate returns to the Town Superintendent, of all oflScers 
elected in their respective Districts, as soon after their election 
as possible. 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 

(Sec. 34.) On or before the fourth Monday of November in 
each year, the District Clerk is required to deliver to the Town 
Clerk a statement in writing, verified by his affidavit, showing 
the amount of taxes voted to be raised at the last preceding 



COMMENTARY ON THE SCHOOL LAW. 85 

annual meeting, and at the first meeting after the organiz- 
ation of the district, or both, as the case may require, together 
with a list of persons and corporations liable to a district tax* 
(See Form No. 20.) The District Clerk is not required to 
assess the tax, nor to describe tlie real or personal property of 
those liable to a tax, but only to return the names of persons 
and corporations so liable. 

In making up a list of the corporations liable to tax, the 
Clerk will bear in mind that by the act of April 1st, 1854, rail- 
roads and plankroads are exempt from all but a State tax, and 
that only the real property of any bank or banking association 
can be taxed for school purposes. All other property is liable 
for school tax the same as for other taxes. 

In case of a joint district, the Clerk will ascertain the pio- 
portion to be raised in each part of such district, and deliver a 
statement and list to the Town Clerk of each town in which any 
part of the district is situated. (See Form No. 21.) To enable 
him to furnish this statement, the Town Clerk of each town ia 
required, on demand, to deliver a certified statement of the real 
and personal property of that part of the district lying within 
his town, to the District Clerk. 

(Sec. 35.) The Town Clerk is required by law to deliver the 
tax roll to the collector on or before the second Monday of Decem- 
ber, and if the District Clerk should neglect until that time to de- 
liver the requisite statement to the Town Clerk, the tax cannot 
be collected until the following year. Upon delivery to him of 
such statement, the Town Clerk must give the District Clerk a 
certificate that he has received the same, stating the amount of 
the tax, and time when received, which must be filed in the office 
of the said District Clerk. 

In all cases school district taxes must be assessed separately, 
and not aggregated with the Town school tax. 

It is the duty of the Town Treasurer, to pay over the school 
taxes, as soon as collected, to the District Treasurers; and in 
case any taxes are returned to the county as delinquent, it is his 
duty to pay them over as soon as received. Nor can the Town 



B6 COMMENTArvY OX TUE SCHOOL LAW, 

Treasurer use the school tax collected, to make up any defi- 
tiencv in the State or county taxes. The law reads: "The 
Town Treasurer shall pay over the full amount of State tax, 
thouL^i it may occasion a deficiency in the town taxes." The 
school tax is not a town tax, and the law further authorizes the 
Tovvn Treasurer to ])ay over the school tax even before the time 
for the payment of the State and county taxes, before it could 
he determined whether there was to he a deficiency or not. No 
Treasurer has any legal right to divert a dollar of the School 
Fund, or the school tax to any other use whatever. We have 
frequently answered this point, and upon no one point has more 
troulde arisen. The intent of the law is plain. It is not the 
part of justice to make the schools suffer for the neglect of a 
few who do not pay their taxes. The School Fund is mainly a 
^ift from the General Government, and the State in its manase- 
mentis simply a trustee for a specific purpose, and so regarding 
it, lias placed in its Constitution a positive prohibition against 
diverting it to its own iise or profit, or indeed for any purpose 
whatever, save that for which it has been specially set apart — 
the Constitution expressly providing that the School Fund 
"shall be exchifurely applied'" to the purposes of education. 
The tax levied by the County Board is only a condition of re- 
ceiving this School Fund gratuity and is in no proper sense a 
county or a town tax. It is a matter entirely separate, and 
should be so kept by all who have the managen)ent of it in any 
capacity. 

In regard to taxes voted at a special meeting under section 12 
of this law, the manner of collection is entirely different. In 
such a case the District Clerk issues the warrant directly to the 
District Treasurer, who makes his return to the District Board, 
and returns the delinquent tax list to the town clerk, !by whom 
it shall be regularly entered in the next assessment roll of the 
Town. (See sections QQ to 77, Revised Statutes of 1840, 
quoted in this law between sections 3ti and 37, for full instruc- 
tions on this point.) 

(Sec. 86.) Town Treasurers should be particular in refearn- 



COMMENTARY ON THE SCHOOL LAW. 8i 

ing delinquent taxes^ to specify particularly District taxes, so 
that T\"iicn paid the district may receive tlieir proper share. 

The sections from the Revised Statutes of 1849, which are 
quoted between sections 36 and 37, apply only to taxes voted at 
a special meeting. The District Clerk assesses the tax upon 
the taxable property of the District according to the valuation 
in the last assessment roll of the town; and in case the property 
is not separately valued — part being in one district and part in 
another — the District Board have authority to estimate the 
valuation. In case of Joint Districts, the Superintendents of 
the towns, so in part embraced, equalize the assessment rolls of 
the towns, so that the valuation in each may be proportionate. 
The Treasurer must make his return of the warrant within forty 
days', unless the Clerk extends the warrant, which he may do for 
thirty days. The Treasurer must return, as delinquent, all 
unpaid taxes to the Town Clerk, and take his receipt therefor, 
Tviiich receipt and the tax collected, will in all cases equal the 
sum charged against him in the warrant. The Town Clerk 
will, in the next assessment roll of the town, enter such delin- 
quent taxes in a separate column, and the Town Treasurer will 
proceed to collect the same or return them delinquent to the 
County Treasurer. If errors in the assessment are discovered, 
even after the tax is all paid, the District Board have power to 
refund the excess of tax collected. The District Clerk may 
renew the warrant thirty days, and again renew the same for 
thirty days with the consent of the Town Superintendent. The 
warrant must be renewed before it expires. Tenants may 
recover taxes which they have paid, of the owner of real estate, 
if no agreement to the contrary has been made. 

DISTRICT BOARD. 

(Sec. 38.) It is made the duty of the District Board to 
purchase or lease such a site for a school house as shall have 
been designated by the district, (See Form No. 22) and to build, 
hire, or purchase such school house out of the funds provided 
for that purpose. (See Form No. 23.) As these are import- 



88 COMMENTARY ON THK SCHOOL LAW. 

ant duties imposed upon the District Board, it is necessary that 
their authority to act iu the premises should be clearly and dis- 
tinctly shown upon the records of the district. And for this rea- 
son, it is absolutely necessary that all votes authorizing such a 
proceeding should be taken by ayes and noes, and entered at 
length upon the records. 

"When the District Board arc required to execute a convey- 
ance of a school house site, the same form of a deed may be 
used as in No. 22, except that the party of the second part 
becomes the party of the first part, and the signatures of the 
Board are to be made in the same manner as in the form given 
of a lease. 

If the District Board remove a school house, buy a lot for a 
site, or do any other act which they are not by law authorized 
to do without a vote of the District, it is at their own peril. 
The voters of the district may ratify their proceedings at a 
subsequent meeting, but if they do not choose to do so, the 
District Board are without remedy. 

The School Law is silent as to the manner of a District 
Board entering into contract for the building a school house; 
but as the Board are the special executive officers of the dis- 
trict, chosen to faithfully attend to its best interests, it is 
unquestionably their duty to procure such building to be done 
to the best advantage; and hence, it would always be most 
discreet 'to enter into such contract (after having given proper 
notice) with the person offering to do the work to the best 
advantage, and at the lowest rates, giving adequate bonds for 
the faithful performance of the work. Such a course would be 
the safest, and would prevent any trouble that might arise if a 
looser plan were adopted. There should be two copies of the 
contract made and signed, one to be kept by the contractor, and 
the other by the Board. 

(Sec. 39.) The law provides that "the District Board shall 
have the care and keeping of the school house and other property 
belonging to the district," and the question arises as to the ex- 
tent of the power conferred by this provision, and to what usee 



COMMENTARY ON Tllli SCHOOL LAW. 89 

the school house should be confined bj the District Board. The 
general principle applicable to cases arising under this provision, 
is this: that it is the duty of the Board to exercise such general 
supervision over the care and management of the district school 
house, as that the instruction of the pupils in the school shall 
not be embarrassed by any use of the house other than for 
school purposes; and that the property of the district and the 
furniture, apparatus, books and papers belonging to the school, 
or the pupils, shall not be injured or destroyed. Any use of 
the house is subordination to these restrictions, and not incon« 
sistent with the main purposes for which it was designed, must 
be left to the determination and pleasure of those to whom it 
belongs, whose wishes and directions, in this respect, the Dis- 
trict Board are bound to carry out. 

The school house is the property of the district, and subject 
to its control, within the limitations of the law. The purpose 
for which it was erected must be pursued, and nothing can be 
suffered to interfere with that. But when that purpose is 
accomplished, there is neither reason nor law for prohibiting its 
application to any object of social or moral improvement which 
a majority of the voters of the district may sanction. Upon 
this principle, and subject to the restrictions and limitations 
referred to, it may be used, out of school hours, and when not 
wanted for any district purposes, for lectures, debating societies, 
religious meetings, or any other moral, literary or useful pur- 
pose, with the approbation of a majority of the district. The 
District Board are responsible for any damage the school house 
may receive while being used, for purposes not authorized by 
the district, by their consent. The people of the district can- 
not control the school house, but the Board should consult their 
■wishes. 

(Sec. 40.) The Board can fill all vacancies in their number 
within ten days. Removal from the district vacates the office 
of the person so removing, and even a temporary removal, which 
interferes with a proper discharge of the duties of the office, 
ehould be deemed sufficient to create a vacancy. If the Treas- 



1*0 COMMEXTARY OX THE SCHOOL LAW. 

urer forfeits his bond by any illegal act, and is convicted of 
ombei;zlemcnt. his office becomes vacant. If the Director refuses 
to perform any act required, he forfeits ten dollars to be recov- 
ered before any Justice of the Peace. The Board may under 
certain circumstances declare the office of Clerk vacant for a 
determined refusal to carry out the will of the Board, but this 
power should be exercised only in extreme cases, and after all 
other means have failed. As the Clerk gives no Bond this 
course may be advisable to save the district from harm. The 
Governor has power to declare the office of all officers under bonds 
vacant whenever a judgment shall be obtained against such officer 
for a breach of the condition of his bond. For this proceeding 
against the Clerk there is ample precedent in the law. A 
Circuit Judge may i-emovc the Clerk of the Court for official 
misconduct; the Board of Supervisors may remove a County 
Clerk for the same cause, because the refusal of the Clerk to 
perform his duties forcibly stops all business, and virtually 
creates a vacancy. 

(Sec. 41.) The District Board are authorized to purchase, at 
the expense of the district, such school books as are necessary 
for the use of those children attending school whose parents or 
guardians are unable to furnish them. This duty should never 
be neglected by the Board, and they should promptly furnish 
books to such children, when informed by the teacher that they 
are in need of them. 

(Sec. 42.) The law requires orthography, reading, writing, 
English grammar, geography and arithmetic, to be taught in 
every district school. The District Board may determine what 
other branches shall be taught. Among these branches thus 
left to the discretion of the Board are writing compositions and 
declamation; and the District Board have full power to prescribe 
these and other additional studies, under such rules as they see 
fit. There can be no objection to the study of the German 
language, or pursuing studies in German, provided the required 
«tudies are pursued in English; but in no case can German be 
exclusivelv substituted for English. 



COMMSNTARY OX THE SCUOOL LAAV". 91 

Tlie only autlioritj to dofcermiDC what text books shall be 
used in schools is vested in the District Board, under the advice 
or recommendation of the State Superintendent. This power 
should be exercised in every district, and with the twe-fold ob- 
ject of securing uniformity of text books, and the works of the 
best authors. The necessity of uniform text books is so appa- 
rent to every one, that it seems unnecessary to urge upon the 
District Board the important relation it bears to the success 
and efficiency of the school. There can be neither order, classi- 
fication nor system, in a school without such uniformity, for it 
compels the teachers to divide the pupils into as many classes 
as there are kinds of books, so that the time that might have 
beeB devoted to a careful and deliberate hearins; of a class of 
ten or twelve, where all could have improved by the teachings 
and corrections of the instructor, is almost wasted in the hurried 
recitations of as many pupils in separate classes; while in large 
schools some must be wholly neglected. The teacher will thus 
satisfy neither himself, his scholars, nor their parents. In case 
of a refusal on the part of parents to compl}' with all such 
suitable rcsulations of the District Board in furnishino; their 
children with proper books, the law gives the Board power to 
exclude children from school until they do thus comply. The 
Board should be particularly careful to avoid frequent changes. 
This will be unnecessary if they use proper care in the selection 
of the best and most approved text books. 

Recommendations have been made b}^ this Department of 
suitable books to be adopted and used in schools; but as in many 
instances it is impossible to obtain them, let the District Board 
consult with the teacher and Town Superintendent, and any 
other persons informed and interested upon educational matters, 
and determine what suitable books can be obtained. When 
different books arc already in use from those recommended by 
the Department, a sudden change might not be desirable; but as 
soon ag the old supply is worn out, and sooner if the district 
will sanction it, let the proper change be made — for the profi- 



92 COMMENTARY ON THE SCHOOL LAW, 

ciency of the scholars will greatly depend upon having the best 
text books extant. 

POWERS AND DUTIES OF THE DISTKICT EOAUD. 

The District Board have the power to divide their school into 
Departments, employing qualified teachers in all the Depart- 
ments; or two or more districts may unite and form a Union 
School under the provisions of chapter cxxxviii, General Laws 
of 1858, as herewith published. 

The District Board have no authority to levy a tax without a 
vote of the district. 

The District Board can not discharge a teacher who has per- 
formed his duties according to conti'act, without incurring the 
liability on the part of the district, of paying the teacher for 
the whole time he contracted to teach. A teacher once hired 
should not be dismissed, except for imperative reasons, as it 
breaks up the regularity of the schools, and endangers the pros- 
perity of the district, and it may not be possible to procure 
another teacher in time to meet the requirements of law, in 
maintaining a three months school, in order to share in the ap- 
portionment. Several cases have ulready come to the knowl- 
edge of this Department, in which districts will be deprived of 
their apportionment for this reason. 

When any portion of the school money is applied to the pay- 
ment of the wages of a teacher not duly qualified, or is other- 
wise illegally appropriated, the District Board making such 
unauthorized expenditure arc personally liable to the district 
for the amount. 

Although a scholar has a legal right to attend the school of 
the district in which he is a resident, his own conduct may de- 
prive him of that right. If his behaviour is disorderly and 
uncontrollable, and he persists in a violation of the discipline 
and regulations of the school, after all legal and proper means 
have been exhausted on the part of the teacher to secure hia 
reformation, the teacher should submit the facts to the District 
Board; and if their intercession proves unavailing, they should 



COMMENTARY ON THE SCHOOL LAW. 93 

expel him from school. For it is better that one should be ex- 
pelled, than the usefulness of the school destroyed. A teacher 
has no authority to expel a scholar. A scholar who has been 
expelled can only be re-admitted on satisfactory evidence pre- 
sented to the District Board of a determination on his part to 
comply with all reasonable regulations of the school. 

The immediate government of the school must rest with the 
teacher; but his acts are all under the control of the District 
Board. In all cases, unless it is impossible so to do, the teacher 
should be sustained by the Board, as an interference on their 
part, except in his support, weakens his influence, and tends to 
destroy his authority, and a school without good government is 
of little use. 

The District Board have authority to employ a teacher for 
three months without the direction of a vote of a district 
meeting. 

In many school districts it is the practice of the District 
Board to engage a teacher with the understanding that he shall 
board with the parents of the children attending school propor- 
tionably to the number sent. There is no authority for such a 
contract, and it cannot be enforced on the inhabitants. If by 
mutual and general consent, such a course is sanctioned and 
adopted by the inhabitants of a district, it will have the effect 
to lighten the burden of taxation, and prove otherwise agreeable. 
If this is not done, there is no other way than to contract to 
pay the teacher a specified sum per month, or term, and let him 
board himself; and if the public money is insufficient to pay 
the teacher, the balance must be assessed and collected upon the 
taxable property of the district like other taxes. 

The power to admit pupils from without the district rests en- 
tively with the Board. The first duty of the district officers is 
to meet the wants of the children within their own district, and 
if they see fit they can admit others. In no case can a tuition 
fee be collected from scholars from without the district— except 
for attendance on Union or High Schools. 

In case pupils from without the district apply for admission 



94 COMMENTARY ON THE SCHOOL LAW. 

in the district school, the teacher shouhl be consulted, as he con- 
tracts to teach the children of a particular district. If he 
refuses, it would be well for the Board to be governed by his 
wishes, as he can tell far better than they Ayhether such addi" 
tions will detract from his usefulness to the scholars of the 
district. 

Every person over four and under twenty years of age has a 
legal right to attend the common school of the district in which 
he resides, free of charge; but has no legal right to attend the 
school of any other district, and the District Board of any dis- 
trict have a right to exclude from their school children not 
residing therein; Provided, no directions to the contrary have 
been given by a meeting of the district. Such officers may 
permit children residing in another district to attend their 
school; but this should never be done if opposed by a majority 
of the voters, or if it will in any way tend to discommode the 
scholars who have a legal right there. 

The object of the District Board should be, in the first place, 
to secure, as far as possible, every advantage and facility to the 
children of their own district for partaking of the benefits of 
the school. When this is done, scholars from adjoining districts 
may be admitted if such admission will not operate to the injury 
of their own. If children from other districts are admitted, it 
should be without charge for tuition, as its collection cannot bo 
enforced. 

The residence of children, as a general rule, follows that of 
their parents or guardians. The fact that a scholar goes from 
one district into another to reside, for the sole purpose of 
attending school, does not constitute such a residence as to give 
him a legal right to attend the school. 

Children under four years of age should never be permitted 
to attend district schools; and the District Board should never 
object to the admission of persons over twenty years of age to 
the school of the district in which such persons reside, unless 
their attendance will prevent the attendance or proper instruc- 
tion of those of legal age. 



COMMENTARY ON THE SCHOOL LAW. 95- 

The teacher of a school has necessarily the government of it; 
and he may prescribe the rules and principles on which such 
government will be conducted. The District Board should not 
interfere with the discipline of the school except on complaint 
of misconduct on the part of the teacher; and they should then, 
invariably sustain the teacher, unless his conduct has been 
grossly wrong, lest they do greater injury than has already been 
done. The teacher should at all times consult with the Board, 
and as far as possible follow their advice and direction in all 
matters of discipline. 

The law does not prescribe what punishment may be inflicted 
by a teacher in the government of a school; and the practice of 
inflicting corporal punishment has no sanction but usage. The 
teacher is responsible for the maintenance of good order, for 
without order there can be no proficiency in the school; and he 
must be the judge of the degree and nature of the punishment 
required, as circumstances arise, always acting dispassionately, 
and with an earnest desire to do that which will most advance 
the interest of the school, and the reformation of the offender. 
But the teacher is liable to the party injured for any abuse of a 
prerogative that is wholly derived from custom. It would 
always be advisable for teachers, as far as possible, to avoid 
corporal punishment, as tending to debase and harden the minds 
and feelings of the scholars. If such punishment is ever inflicted, 
let the offender be punished in private, and not make his dis- 
grace a public spectacle; and by thus showing respect for the 
finer feelings of our common human nature, much would be done 
towards removing the occasions in^ which corporal punishment 
would ever seem necessary. 

When a person enters into a contract with a district as teacher, 
he engages to teach the school seven hours, including the usual 
intermissions, each day, and no longer, unless particularly 
specified in the contract; and his authority over the t^cliolars 
extends only to the school house and play-grounds. For he 
might, with the same propriety, be expected to teaehihe scholars 
beyond the usual time, each day, as that he should govern tliem 



96 COMMENTARY ON THE SCHOOL LAW. 

beyond that time, while coming to and going from school. It ia 
customary with teachers to make the conduct of their scholars, 
at all times, a subject of inquiry and advice, having a pride in 
observing 'proper deportment ,on their part, on all occasions; 
but they have no authority, nor can they be required to examine 
into their conduct out of school hours, and beyond the grounds 
of the school house. 

School money can be applied only to the benefit of such 
schools as are established by the District Board in pursuance of 
law. A select school established and supported by the patrons 
thereof, and for their sole benefit, is not a common school within 
the meaning of the law, and is not entitled to public money. 
To receive aid from the State, the school must be free to all 
children between four and twenty years of age, and must be 
under the supervision and control of the legally appointed school 
officers. No tuition fee can be charged. 

TOWN SUPERINTENDENT. 

(Sec. 44.) In case the Town Superintendent fails to give 
the proper bond, the Board of Supervisors can make a tempo- 
rary appointment. Special town meetings may be called by the 
Town Clerk upon the request of twelve qualified voters, for the 
purpose of choosing officers to fill any vacancies that may occur. 

(Sec. 45.) It is the duty of the Town Superintendent to 
divide the town into a proper number of districts. It is not 
necessary that he should wait for a petition from the inhabit- 
ants, although he should endeavor as far as possible to consult 
the wishes of all interested. In altering districts, every direc- 
tion of the law must be strictly obeyed. The description and 
number of each school district must be filed with the Town 
Clerk, and by him entered in a book kept for that purpose. A 
map of the town showing the boundaries of the districts should 
also be filed with the Town Clerk. The Town Superintendent 
should be particular on this point, as the records constitute the 
legal proof of the organization and limits of the districts. 

In regard to the payment of school taxes, the meaning of the 



COMMENTARY ON THE SCHOOL LAW. 97 

law ie plain. No monies raised and collected in any town for 
school purposes, should be paid to the County Treasurer, but be 
retained by the Town Treasurer, and paid by him to the Town 
Superintendent on application. The School tax levied upon 
towns by the County Board, is not a county tax. The State 
makes the county its agent to distribute the School Fund, and 
hence requires the county to see that the requirements of law, in 
relation to the tax levied upon the towns, are complied with; but 
this power to superintend the tax levy, does not make the tax a 
county tax^ so that the taxes levied upon towns by the county 
board, are not to be paid to the County Treasurer, but to the 
Town Superintendent; otherwise there would be a per centage 
taken twice — once by the Town Treasurer and once hj the 
County Treasurer. 

Moneys received from the County Treasurer, and the proceeds 
of the tax levied, for school purposes, by the County Board, are 
to be apportioned per scholar, but taxes levied by towns for 
school purposes, are to be distributed according to the assess- 
ment roll, so that each district may receive what it has paid, 
unless the town, at the meeting voting the tax, shall have voted 
to apportion the tax per scholar. 

It is also the duty of the Town Superintendent to see that 
the reports of the district clerks are made. He cannot correct 
the reports, but he can see that they are correctly made. A 
little attention to the reports of the Clerks at the time they are 
made, will enable him to submit a complete report to the Clerk 
of the Board of Supervisors. District Clerks and Town Super- 
intendents are particularly and urgently requested to make full 
and accurate reports upon each subject upon which information 
is asked. 

It is the duty of the Town Superintendent, between the fif- 
teenth and twenty-fifth of September, in each year, to make and 
transmit to the Clerk of the Board of Supervisors in his county^ 
a report in writing, bearing date on the fifteenth of Septem* 
ber, of the year of its transmission. Such report mustbema<ie- 

upon all the particulars specified in said section and the twentir-' 
13 



98 COMMENTARY ON THE SCHOOL LAW. 

third library regulation, with some additional ones, which will 
be found in Foi^m No. 25, according to which the report must 
be made. 

APPORTIONMENT OF SCHOOL MONEY. 

(Sec. 47.) Town Superintendents must be governed by the 
reports of the District Clerks, in apportioning school moneys; 
but a mere clerical error may be corrected after such reports 
have been made to the Town Superintendent, and before he 
makes his return to the Clerk of the Board of Supervisors. He 
cannot try the truth of the Clerk's certificate; if willfully false, 
the law prescribes the penalty. 

In case of a joint school district, the Town Superintendent 
of each town, in which any part of such district is situated, will 
apportion school moneys to such district according to the num- 
ber of children reported to him as residing in that part of the 
district lying in his town, without regard to the amount raised 
in the other towns for school purposes. 

The Town Superintendent can not legally apportion any school 
money to a district in which a common school was not taught by 
a qualified teacher for three months during the year ending on 
the 31st day of August last previous to such apportionment, 
which is a Constitutional requirement; but in determining this, 
he must be guided by the reports of the District Clerks, as he 
cannot go back of their reports, even if he knows them to be 
willfully false. In such a case, it his duty to prosecute the of- 
fender, and if he does not, he renders himself liable to a penalty. 

A district which is not entitled to an apportionment of school 
money cannot receive library money, notwithstanding it may 
have complied with the laws and regulations concerning district 
libraries. 

The law provides that the Town Superintendent shall not ap- 
portion school money to a district which has not expended, for 
the payment of teachers' wages, all school moneys received from 
the School Fund (i. e. money received from the State) during 
the year ending at the date of the last previous annual report. 



COMMENTARY ON THE SCHOOL LAW. 99 

This is to be understood with some qualifications, and vests in 
the Town Superintendent the exercise of a sound discretion. It 
is the intention of the Constitution and Laws of the State to 
grant aid to every district for the support of common schools 
-where all the children of the district may receive instruction, 
and participate in the benefits of our free school system. But 
this aid is granted upon the condition that a common school 
shall be maintained at least three months in each year, and that 
the money previously received by the district has been expended 
as the law above 'cited requires. This provision of law is direc- 
tory as to the manner of expending public money, and not as to 
the time of expending the same. 

The object of this provision is to prevent the use of money 
received from the School Fund for any other purpose than the 
payment of teachers' wages, and not that every cent of such 
money shall be expended by a particular day. Should there be 
a small surplus in the District Treasury at the date of the An- 
nual Report, or a larger sum that, by vote of the district, had 
been set apart for the payment of the wages of the teacher of 
the then approaching winter school, there is no good reason why 
the Town Superintendent should withhold an apportionment 
from such district, as it is acting in good faith with the State, 
and has in spirit complied with the law. But the Town Super- 
intendent must not suffer money derived from the School Fund 
to accumulate in the treasury of a School District; and he can 
not apportion money to a district that has used any portion of 
such money for other purposes than the payment of teachers' 
wages. 

As different constructions have been given to the words 
"school m6neys received from the School Fund," as applied to 
School Districts, it may be proper to state, that they mean that 
portion of the school money of each district received by appor- 
tionment from the Town Superintendent, which is derived from 
the income of the School Fund annually apportioned by the 
State Superintendent to the several towns and cities of the State. 
. The Town Superintendent is not authorized to apportioa 



100 COMMENTARY ON THE SCHOOL LAW. 

money to a district, -where any other officer than the District 
Clerk made and signed the Annual Report, as there is no respon- 
sibility or penalty incurred for false statements in a report made 
by any other than the District Clerk. 

The apportionment is based entirely upon the reports of the 
Town Superintendents, and consequently, if a district does not 
make its report, it is left out of the apportionment, and cannot 
be entitled to any share in the apportionment. 

In case the District Board divide the school into diflferent 
departments, all public money must be paid to qualified teach- 
ers. Any arrangement by which all the money is paid to the 
principal, and part paid by him to the assistants not properly 
qualified, would be a palpable evasion of the law, and would 
cause the district to lose its apportionment. 

(Sec. 53.) The Town Superintendent is entitled to one dollar 
and fifty cents per day for every day actually and necessarily 
devoted by him to the discharge of his duties as such officer. 
This provides for time spent in examining Teachers, visiting 
Bchools, making reports, forming or altering school districts, and 
the performance of all other duties required of him by law. 

He can not receive fees under any circumstances. His ac- 
count for services must be presented to the Town Board, and 
paid out of the town treasury, and not from the money raised 
by the town for school purposes. 

(Sec. 54.) Whenever a school district is divided and a new 
district formed, after the annual report of the District Clerk has 
been made, and before the apportionment of school moneys by 
the Town Superintendent, he shall apportion to such districts 
according to the number of children in each over the age of four 
and tinder the age of twenty years, according to the last report. 
If the number of children are equal in the two districts, divide 
the money equally; but if not, divide at the same rate per 
scholar. The reason of this provision is plain: It is that the 
children reported may draw the money in the district in which 
ihey are at the time of apportionment. The Town Superin- 
tendent should be guided by the Report of the District Clerk, 



COMMENTARY ON THE SCHOOL LAW. 101 

and not by the number in the district at the time of the division. 

The Town Superintendents are directed by the State Super- 
intendent to report to this Department, within ten days after 
their election, their names and post-office address. It they fail 
to do this, the State Superintendent will be unable to supply 
them with the necessary blanks for their reports, or to cor- 
respond with them upon official business. All will, therefore, 
see the great importance of prompt compliance with this require- 
ment. 

It is true, the letter of the law is silent with reference to a 
Town Superintendent teaching in his own town, yet the spirit 
of the School Code is sufficiently explicit on this point — that he 
is selected to watch over and visit the schools of his town, and 
see that the teachers are doing their duty and properly conduct- 
ing their schools, and to attempt himself to teach is not what 
he was chosen to do; to examine and qualify others; to annul 
certificates for unworthiness and improper conduct, which no 
man would be likely to do against himself, if a teacher. In fine? 
it is his sworn and sacred duty to stand as the guardian of the 
district of his charge, and see that they have none but properly 
qualified teachers, and not seeking or permitting himself to 
teach, thus depriving the people of that guardian care they repose 
in him, so necessary to secure the greatest good to the rising 
generation. In a matter of this importance, even " the appear- 
ance of evil" should be scrupulously avoided. In cases where 
it becomes necessary for him to teach, the law provides that he 
may procure a certificate from the Superintendent of an adjoin- 
ing town. 

EXAMINATION OF TEACHERS, AND ANNULLING CERTIFICATES. 

(Sec. 56.) The Town Superintendent is required by law, to 
examine all candidates for teaching, in regard to moral character, 
learning and ability; and if found qualified, he shall deliver to 
such person a certificate in the form prescribed by the State 
Superintendent. (See Form No. 26.) 

The Town Superintendent may, if he shall think proper, 
limit the certificate to a single district, but it must remain ia 



102 COMMENTARY ON THE SCHOOL LAW. 

force for one year, unless annulled. But if the candidate is 
found deficient in either of these three important requisites, a 
certificate should be refused. The law contemplates a formal 
examination of the qualifications of candidates, which should 
be extended to all the branches required to be taught in com- 
mon schools, and to the method of instruction. 

The duties and power thus confided to the Town Superintend- 
ent are most important and involve great responsibility, and 
upon their proper fulfillment, in a great degree, depend the 
elevation and improvement of the district schools. He should 
discharge his duties in this as in all other respects, without 
"fear, favor, affection or hope of reward," with no other object 
in view than the best interests of the schools under his super- 
vision. 

In all cases teachers must be examined in English, and in 
regard to their qualifications to teach in English, as the law 
expressly requires it; and it is not a compliance with the law 
that they are qualified to teach in any other language. Any 
Town Superintendent who shall issue a certificate to any person 
not competent to teach in the English language the branches 
required by law, will render himself liable. 

(Sec. 57.) If complaints are made against a teacher, by any 
person concerned, to the Town Superintendent, it is his duty to 
inquire into the cause of such complaints. If it is his inten- 
tion to annul the certificate of such teacher, he must give ten 
days notice in writing to the teacher and to the District Board, 
of such intention; and should state in such notice the complaint 
or charges made. A day for hearing the charges made against 
the teacher should be appointed by the Town Superintendent, if 
desired by either the teacher or the District Board, which will 
afford a fair opportunity of arriving at the truth of the allega- 
tions. If the complaint is that he has not sufficient qualifi- 
cations, he should have an opportunity for a re-examination; if on 
account of his mode of instruction or school government, the 
Superintendent should visit the school and ascertain the truth. 
But in no case should the Town Superintendent exercise this 



COMMENTARY ON THE SCHOOL LAW. 103 

power ih an arbitrary manner, nor unless he is satisfied of the 
truth of the charges preferred, or of his incompetency to teach 
the school. For form of note annulling teacher's certificate, 
see No. 27. 

If complaints are made against a teacher, it is not optional 
with the Town Superintendent whether he will examine into the 
case or not. He must appoint a day, and give the case a full 
and impartial hearing, and decide itf-upon its merits. His de- 
cision may be appealed from to this Department. 

It is not required of a Town Superintendent to advertise at 
what time and place he will be present to examine applicants for 
teachers' certificates, though such a course in many towns may 
be desirable. He is simply required to examine those who 
apply to him for a certificate. 

Certificates of the qualification of teachers should bear date 
on the day of examination, and cannot be ante dated. All cer- 
tificates remain in force for one year, unless sooner annulled. 

(Sec. 58.) The annulling of a certificate annuls the teacher's 
contract from the date the notice of annullment is filed. 

(Sec. 59.) The Town Superintendent may require a teacher 
to be re-examined at any time. He need not wait until com- 
plaints are preferred. 

INSPECTION OF SCHOOLS. 

(Secs. 60 and 61.) It is the duty of the Town Superintend- 
ent to visit all common schools within his town. He should 
visit each school at least twice each term, or oftener, if circum- 
stances require, and should advise with the teachers, officers and 
others upon all matters pertaining to the school, or the affairs of 
the district. All teachers will bear witness of the happy 
influence of frequent visitation of schools, not only by school 
officers, but by parents, and all persons who have children in the 
school room under their guardianship. "The teachers and 
scholars feel that they are not abandoned to neglect; the appre- 
hension of discredit will stimulate them to the greatest effort- 
while the friendly suggestions of the visitors will tend constantly 
to the improvement of the schools, and they will themselves be 



104 COMMENTARY OX THE SCHOOL LAW. 

more and more enabled to recommend proper measures from 
their better acquaintance with the subject." 

ALTERATION OF SCHOOL DISTRICTS. 

(Sec. 62.) The State Superintendent cannot form or alter 
districts. Whenever the Town Superintendent contemplates 
any alteration in the boundaries of a School District, he shall 
give five days notice to the Clerk of each district to be affected 
thereby, of the time and place he will be present to decide upon 
such proposed alteration. (See Form No. 28.) The District 
Olerk will immediately notify the other members of the Board, 
which may be done by giving them a copy of the notice served 
upon him. This notice must specify, not only the time and 
place when and where the Town Superintendent will be present 
to decide upon the proposed alteration, but also must particu- 
larly specify the alteration proposed. The District Board may 
apply to the Chairman of the Town Board of Supervisors and 
Town Clerk, to be associated with the Town Superintendent; 
and when such Board is constituted, it requires a majority to 
make any change in the boundaries of the district; and in case 
of a joint district, the District Board may call in the town 
officers, above named, of each town of Avhich the joint district 
forms a part, and it will require a majority of the Board so con- 
stituted to alter the limits of any joint school district. It is 
entirely optional with the District Board whether they will thus 
apply to the town officers or not. In case of a joint district, if 
the town officers of one town are called in, those of both must 
be, except, by mutual consent, some other course is decided 
«pon. No appeal can be taken from the decision of the Town 
Superintendent to the Board above referred to. 

Sbc. 63.) In all cases of alteration of the boundaries of a 
s chooi district, whether with or without the consent of the Dis- 
trict Board, it is the duty of the Town Superintendent to im- 
mediately notify the Town Clerk, and the Clerk of each district 
affected by such alteration. If the District Board consent, 
siotice may be given to the district by filing a copy of the order 
altering the district, with such consent endorsed thereon, witk 



COMMENTARY ON THE SCHOOL LAW. 105 

the Districfc Clerk. If they refuse their consent, notice maybe 
given according to Form No. 29. When the consent of the 
District Board is given, the alteration takes effect from the time 
of filing the notice with the District Clerk, unless otherwise 
specified in the order. 

If the District Board refuse their consent, the alteration will 
not take effect until three months after the filing of such notice. 
(See Form No. 29.) 

Notice may be given to the Town Clerk by • delivering to him 
the order making the alteration, and also stating when such or- 
der will take effect. A conditional consent cannot be received 
from a District Board; it must be given without any express or 
implied condition, and to the specific alteration made in the 
order. For Form of order altering boundaries of a district, 
and consent of District Board, see No. 81. Alterations in the 
boundaries of a joint district must be made with the concurrence 
of the Town Superintendent of each town in which any part of 
the district is situated, and notice thereof must be given to the 
Clerk of each such town. 

• Alterations of the boundaries of school districts may be made 
between the first day of December and the first of April, to 
take effect on or subsequent to the first of April. It is, how- 
ever, advisable, as a general rule, that new districts should be 
formed and the boundaries of organized districts changed, only 
when such formation or change is required to take effect at once. 

Whenever any alteration of the boundaries of a school dis- 
trict is made without the consent of the District Board, and 
the three months, after notice given to such Board, shall expire 
between the first day of December and the first day of April 
following, such alteration will not take effect until the said first 
day of April. 

If a district ceases to elect officers and neglects to maintain 

a school, it virtually loses its organization, although perhaps not 

strictly. In such a case it would be the duty of the Town 

Superintendent to annex their territory to districts in which 

schools are maintained. 
14 



106 COMMENTARY ON THE SCHOOL LAW. . 

DIVISION OP PROPERTY. 

(Sec. 64.) Whenever a new district is formed wholly or par- 
tially from the territory of a district possessing a school house 
or other property, it is the duty of the Town Superintendent at 
the time such formation takes effect, to ascertain and determine 
what proportion of the value of such property the new district 
is entitled to. The amount must be ascertained by first deter- 
mining the real condition of the district at the time of the 
division, by adding to the value of the school house the value of 
all other property, including the school house site, library, ap- 
paratus and money in the treasury; and from the aggregate 
deduct the amount of all debts due from such district. 

The law only provides for the division of the property of a 
district in cases where a neiv district is formed from one or 
more districts possessed of a school house and other property, 
<fcc. ; and the proportion of the value of such property to which 
the new district is entitled should be ascertained and awarded 
at the time of making the order forming the new district. The 
neglect of the Town Superintendent to make such award does 
not extinguish the claim of the new district upon the old, for its 
just proportion of the value of such property. 

(Sec. 65.) The new district is entitled to such proportion of 
that balance as the taxable property set off from the old district 
bears to the whole amount of taxable property before the divis- 
ion. For instance, if the old district contained $8,000 of taxa- 
ble property, and ^2,000 was set into the new district, such 
new district is entitled to one fourth of the value of the property 
retained by the old district. Any debt incurred before the 
division, but not yet due, must be deducted before the property 
is divided. 

(Sec. QQ.) Having determined the amount to which the new 
district is entitled, the Town Superintendent must make an 
order (see Form No. 32) directed to the District Board of the 
district, retaining the school house, &c,, requiring such district 
to levy and collect the amount awarded to the new district, and 
pay the same to the Treasurer thereof. 



COMMENTARY ON THE SCHOOL LAAV. 107 

The money thus obtained by the new district must be expend- 
ed for building or purchasing a school house, and for no other 
purpose whatever. 

In settling the division of property between districts, the 
District Boards cannot call in the town officers to act with the 
Town Superintendent, as the law puts this responsibility upon 
him alone. 

If the District Board refuse to give their consent to the al- 
teration, thereby postponing, for the term of three months, the 
time when the alteration will take effect, the award should be 
made at the time such order takes effect, and based upon the 
property owned by the district at that time. 

JOINT DISTRICTS. 

(Sec. 67.) Joint school districts are those that are composed 
of parts of two or more towns, and they can only be formed 
and subsequently altered by the joint action of the Town Su- 
perintendents of each of the towns in which such districts are 
situated, except when by the alteration of town lines, such town 
lines run through the district, when it becomes a joint district 
by operation of law. 

Joint districts may be formed from parts of different counties, 
but never should be, except in cases of urgent necessity. Nor 
should joint districts ever be formed when it can possibly be 
avoided. Nine-tenths of all the difficulties in regard to the 
management of school districts, arise from joint districts. 

All parts of a joint district should have the same number, or 
be numbered alike, and that number should differ from that of 
any whole district in either of the towns out of which such dis- 
trict is formed. 

Whenever, by a change in the boundaries of a town, the town 
line passes through a school district, such district becomes a 
joint district by operation of law, but as the joint action of two 
Superintendents did not create it, each Superintendent may 
immediately redistrict his own territory, but unless this is imme- 
diately done, such districts will become joint districts by suffer- 



108 COMMENTARY ON THE SCHOOL LAW. 

ance and can only be altered in tlie same manner as districts 
that were originally formed as joint districts. 

A joint school district, in all cases, except in its formation 
and alteration, is within the jurisdiction and under the super- 
vision of the Town Superintendent of the town in which the 
school house of such district is situated. 

The clerk of a joint school district must report to each Town 
Superintendent the number of children resident in each town, 
and not report the whole number in the district to either. The 
other parts of the report may be in duplicate. 

(Sec. 68.) We have heretofore given full directions for 
taking appeals. The decision of the State Superintendent iu 
■final and conclusive, an(J no further appeal to any court can be 
made. The proper way to enforce the decision of the State 
Superintendent is by writ of mandamus. 

The decision of a case upon appeal by the State Superinten- 
dent in regard to the limits of a district, does not fix the limits 
of a district so that they can never be altered. The decision of 
an appeal decides the case only upon the facts as presented. 
Upon a different state of facts, or upon a change in the town, 
upon an increase of population, or for any other sufficient rea- 
son, the Town Superintendent can, in his discretion, alter the 
limits of a district. A decision of the State Superintendent is 
not so conclusive and final as to forever prevent the proper 
authorities from altering their districts. It is final and conclu- 
sive so far as the case under consideration goes, and no farther. 
In all cases the decision of the Town Superintendent is opera- 
tive until reversed. 

VALUATION AND EQUALIZATION OF PROPERTY. 

(Sec. 69.) School taxes are assessed upon the same property 
as taxes for town and county purposes. 

(Sec. 70.) Whenever a tract of land has been assessed as a 
whole, or an aggregate valuation has been placed upon the entire 
tract, and such land lies in different school districts, section 
seventy authorizes the Town Clerk to estimate the value of these 



COMMENTARY ON THE SCHOOL LAW. 109 

diffeyent parts lying in different districts, for the purpose of 
scliool district taxation. 

(8eo. 71.) As the assessments of adjoining towns fre- 
quently differ in the relative valuation of property, causing 
unequal taxation in joint school districts, the Superintendents 
of the towns in part embraced by a joint district, are authorized, 
upon application of any three tax payers of the district, to 
determine the relative proportion of taxes to be assessed upon 
the real estate of the parts of such district. They shall certify 
their determination to the Town Clerk, who is required to assess 
the school tax of such district for that year, according to such 
determination, if received in time. 

TOWN CLERK AND CLERK OF THE BOARD: 

(Sbc. 72.) The Town Clerk is the clerk also of the Town 
Superintendent, recording all his reports, orders, decisions &c. 
He is required to file a map of the town showing all the dis- 
tricts, and record in a book kept for that purpose, written de- 
scriptions of all districts in the town, and of all the alterations 
made by the Town Superintendent. It is also his duty to keep 
all books, papers, &c. belonging to the office of Town Superin- 
tendent. It is made his duty to assess district taxes, (section 
35) in a separate column. (See Notes upon the sections of the 
law of 1849, for further instructions upon this point.) 

(Sec. 73.) It is the duty of the Clerk of the Board to pre- 
serve the Reports of Town Superintendents, and to preserve a 
copy of the certificate of apportionment sent him by the State 
Superintendent, as a guide for levying the School tax, required 
by law, upon each town. 

(Sec. 74.) The Clerk of the County Board of Supervisors 
is required, on or before the tenth day of October in each year, 
to transmit to the State Superintendent a report in writing, 
setting forth the whole number of towns in his county, distin. 
guiBhing those from which the required reports have been 
re«eiTed from the Town Superintendents, and containing an 



110 COMMENTARY ON THE SCHOOL LAW. 

abstract of their reports. The Clerk of the County Board of 
Supervisors is requested to report upon some additional particu- 
lars, not reported upon by the Town Superintendents, all of 
which will be made according to Form No. 33. 

(Sec. 75.) He is also required to deliver to the County 
Treasurer, on or before the tenth of October, in each year, a 
written statement of the whole number of children over the age 
of four and under the age of twenty years, residing in each town, 
as shown by the reports of the Town Superintendents. 

The attention of the Clerk of the County Board of Super, 
visors is directed to the provisions of Sections 28, 60 and 61, 
Chapter 13, and also to Sections 53 and 54, Chapter 18, 
Revised Statutes, 1858. 

As no portion of the income of the School Fund can be 
apportioned to any town or city, unless such town or city has 
raised for school purposes, a sum of money, equal to one-half 
the amount received from the State at the last previous appor- 
tionment, the law makes it the duty of the County Board of 
Supervisors, to estimate and determine, at their annual meeting, 
in each year, the amount to be raised in each town and city for 
school purposes. It is not sufficient that the aggregate directed 
to be raised in the county is equal to one-half the amount 
received by the county at the last apportionment; but it must 
appear from the certified statement of the Clerk of the Board 
of Supervisors made to the State Superintendent that each town 
and city has been directed to raise an amount equal to one-half 
that received the March previous, or school money cannot be 
apportioned to such towns and cities, under the provisions of 
the Constitution. 

A neglect to return to this Department by the time specified, 
the County School Tax levied, and to make his Annual Report, 
renders the Clerk of the County Board liable for the full amount 
with interest, which each town j^shall lose by ouch neglect and 
refusal. 

It has in a few instances been permitted, by special legisla- 
tion, that when the County Board has neglected to levy the 



COMMENTARY ON THE SCHOOL LAW. Ill 

proper school tax, the towns were authorized to do so, and the 
Town Clerks directed to certify such assessment to the State 
Superintendent, who was then authorized to apportion to such 
towns. There is no law now existing, warranting such a course 
of procedure, and it cannot be sanctioned hj this Department^ 

LIBRARIES AND LIBRARY FUND. 

(Sec. 76.) This section is repealed bj chapter ccx General 
Laws 1859, published immediately before these notes. See also 
the notes upon this law. 

REGULATIONS EMBODIED IN THE LAW. 

1. The State Superintendent shall prescribe rules and regu- 
lations for the management of school district libraries, and the 
penalties for their violation. 

2. Any school district failing to comply with the library reg- 
ulations, or to expend all the library money according to law, 
before the first day of September after it is received, forfeits 
the succeeding appointment. 

3. Any resident of a school district, and the parents and 
guardians of all the children therein, between the ages of four 
and twenty years, shall be permitted to use books from the school 
district library of said district without charge. 

4. Any school district may raise by tax, annually, the sum of 
thirty dollars for a district library, and such sum as is necessary 
for the purchase of a book-case. 

5. The district meeting may elect a Librarian; otherwise the 
Clerk of the district shall be the Librarian, 

6. All fines incurred by violation of the library regulations 
shall be sued for and collected in the name of the District 
Board, and in case of Joint Libraries, by the Boards of the 
districts whose Libraries are joined, and applied for the benefit 
of the library. 

7. Any two or more adjoining districts may, with the con- 
sent of the Town Superintendent, unite their means and form a 
joint library, which shall be deemed vested in the District 
Boards of the districts so uniting their libraries; and the Libra- 



112 



COMMENTARY ON THE SCHOOL LAW. 



rian shall be appointed by such District Boards. The divisioa 
of a joint library, when desired, shall be made by the Directors 
of the districts concerned in it, or in case they cannot agree, 
by the Town Superintendent. 

REGULATIONS BY THE STATE SUPERINTENDENT. 

8. The District Librarian shall have charge of the library, 
and keep a catalogue of all the books in the library under his 
eare, in a book to be provided by the district for that purpose. 

9. Every volume in the library shall have pasted on the inside 
of the cover a printed paper, specifying the name of the district; 
the number of the volume; the fine for not returning them within 
the specified time, and for loss of or injury to the books. Blanks 
for this purpose will be furnished to the Districts upon applica- 
tion to this Department, 

10. Every volume loaned shall be entered by the Librarian 
in a book, to be provided by the district for that purpose, by 
its number, with the day on which it was loaned; the name of 
the borrower, and the name of the person to whom it is charged, 
(see Regulation 12;) the date when returned, and condition of 
the book; the fine assessed for detention or injury done to the 
book, in the following form : 



Time of 
delivery. 

"1859 ~ 
June 10. 



No. of 
book. 



44 



To •whom 
deliyered. 



Jno. Ward. 



To whom When 
charged, returned 



W. Green. 



Condition 
of book. 



June 24. 



Good. 



Fine for 
detention. 



Fine for 
injury. 



11 r No person shall be allowed to have more than one volume 
at a time, or retain the same longer than two weeks; nor shall 
any person, who has incurred a fine imposed by these regulations, 
receive a book while such fine remains unpaid. 

12. Books may be loaned to minors and charged to their pa- 
rents, guardians, or the person with whom they reside, who shall 
be responsible for the books under these regulations. 

13. On the election of a Librarian, his predecessor shall, 
within ten days thereafter, deliver to him all the printed and 



COMMENTARY ON THE SCHOOL LAW. 113 

manuscript books, pamphlets, papers, cases, and all other prop- 
erty belonging to the library which was in his custody, for which 
the Librarian shall give him a full receipt, discharging him from 
all responsibility therefor, except in the case herein provided; 
and on receiving the library property, the Librarian shall care- 
fully examine all books, etc., and if any loss or injury shall 
have been sustained, for which a fine has not been imposed by 
his predecessor, or for which a fine has been imposed and not 
certified by him to the Treasurer, the Librarian shall certify the 
amount thereof to the Treasurer, who shall collect the same of 
such predecessor in the same manner as other fines are collected. 

14. In case of a vacancy in the office of Librarian, the Dis- 
trict Clerk shall perform the duties of Librarian, until the va- 
cancy is filled. 

15. If any person having held the office of Librarian shall 
neglect or refuse to deliver to his successor all the library 
property, as prescribed in the thirteenth regulation, the director 
shall forthwith commence an action in the name of the District 
Board, for the recovery of the property he shall so neglect or 
refuse to deliver. 

16. On the return of every book to the library, the Librarian 
shall examine it carefully, to ascertain what injury, if any, has 
been sustained by it, and shall charge the amount of fine accord- 
ingly; and in every case of injury not specified in these regu- 
lations, he shall assess the amount of damages to be paid, subject 
to revision by the District Board. 

17. The following fines are established by the State Super- 
intendent, viz : 

1st. For detaining a book beyond two weeks, five cents per 
week. 

2nd. For the loss of a volume, the cost of the book; and if 
one of a set, an amount sufficient to replace it, or to purchase a 
new set. 

3rd; For a leaf of the context torn out and lost, or so soiled 

as to render it illegible, the cost of the book. 

4tb. For any other injury beyond ordinary wear, an amount 
15 



114 COMMENTARY ON THE SCHOOL LAW. 

proportionate to the injury, to be estimated by the Librarian. 
5th, Whenever any book shall not be returned within six 
weeks from the time it was loaned, it shall be deemed to be lost, 
and the person so detaining it, shall be charged with its cost in 
addition to the weekly fine for detaining the book, up to the time 
such charge is made. But if the book is finally returned, the 
charge for loss shall be remitted; and the fine for not returning 
the same be levied up to the time of such return; Provided, 
that in no case shall the amount of weekly fines exceed double 
the cost of the book. 

18. On the third Monday of August, November, February 
and May, and also immediately before he vacates his office, the 
Librarian shall report to the District Treasurer the names of 
every person liable for fines, and the amount each such person 
is liable to pay; and the Treasurer shall give the Librarian a 
certificate of the same, and immediately proceed to collect the 
same, and if not paid, shall so certify to the Director, who shall 
forthwith bring an action in the name of the District Board for 
the recovery thereof. 

19. All library fines shall be paid to the District Treasurer, 
who shall keep account of the same, and shall report thereon to 
the annual district meeting, giving the name of each individual 
fined, the amount of the fine, and the sum total of all fines, 
which report shall be recorded by the Clerk; and the District 
Treasurer shall be responsible for all fines not collected through 
his neglect. 

20. On the first day of September in each year, the Librarian 
shall report to the District Clerk, as follows : 

1st. The number of volumes in the library; 
2d. The number of volumes purchased during the year; 
8d. The number of volumes presented during the year; 
4th. The number of volumes loaned during the year [count- 
ing each volume one for each time it is loanedJi; 
6th. Amount of fines collected; 
6th. Amount of fines expended; 
7th. Amount of fines remaining unexpended. 



COMMENTARY ON THE SCHOOL LAW. " 115 

21. The District Clerk in his annual report to the Town Su- 
perintendent, shall state — 

Ist. The number of volumes in the library; 

2d. The number of volumes purchased during the year; 

3d. The number of volumes presented during the year; 

4th. The number of volumes loaned during the year; 

5th. Amount of library money received from Town Superin- 
tendent; 

.6th. Amount of library money raised by tax in district; 

7th. Amount expended in purchasing books; 

8th. Amount remaining unexpended; 

9th. Amount of library fines collected; 

10th. Amount of fines expended; 

11th. Amount of fines unexpended, and also certify whether 
the library regulations have been complied with. 

22. The Town Superintendent in his annual report to the 
Clerk of the County Board of Supervisors, and the Clerk of the 
County Board of Supervisors in his annual report to the State 
Superintendent, shall, in addition to what is already required, 
report the following facts for the town and county, respectively : 

1st. The number of district libraries; 
2d. Numbers of joint libraries; 
3d. Number of volumes in all the libraries; 
4th. Number of volumes purchased during the year; 
5th. Number of volumes presented during the year; 
6th. Number of volumes loaned during the year; 
7th. Amount of library money received from the town; 
8th. Amount of public money expended for libraries; 
9th. Amount of money raised by tax and expended for libra- 
ries; 

10th. Amount of fines collected; 
11th. Amount of fines expended; 
12th. Amount of fines remaining unexpended. 

23. The library fines collected must first be applied to the 
replacing of lost volumes, binding pamphlets, and the Journal 
of Education, and rebinding such books as may require it. 



116 • COMMENTAKY ON THE SCHOOL LAW. 

24. By reference to the latter clause of Section 102, of the 
foregoing School Law, it will be seen that it is made the duty 
of the District Clerk to preserve the copies of the Journal of 
Education, in order to have them bound for the use of the 
Library; and until they are thus bound, the Clerk must preserve 
the copies and not suflPer them to be taken from his possession, 
except for consultation by the District officers. 

25. These regulations shall apply equally to joint libraries; 
and when a joint library is formed, the district boards, having 
the control of the same, shall appoint one of the Treasurers of 
their respective districts Treasurer of the library, who shall 
collect all fines levied by the Librarian; and in case the District 
Boards can not agree as to which of the Treasurers shall be 
Treasurer of the library, then the Treasurer of the district in 
which the library is situated shall perform the duties of the 
office. 

20. The Librarian and Treasurer of every joint library shall 
report all matters specified to be reported by them in these regu- 
lations, directly to the Town Superintendent, and shall furnish 
the Board of each district concerned in the library with copies 
of such reports, which shall be recorded by the, Clerks, and laid 
before the annual district meetnigs; and no Clerk of a district 
concerned in a joint library shall be required to report on library 
matters herein specified to the Town Superintendent, except 
with regard to the receipt and expenditure of library moneys; 
but he shall certify that the library regulations have been ob- 
served, or otherwise, as the case may be. 

27. In case of a joint district, the Clerk shall report all 
matters connected with the library to the Town Superintendent 
of the town in which the library is situated, with the exception 
of the receipt and expenditure of library moneys, which shall 
be reported to each Town Superintendent from Arhom such 
moneys have been received; and a certificate of compliance with 
the library regulations shall be made to each such Town Super- 
intendent. 

28. In case of a joint library, the proprietary districts of 



COMMENTARY ON TUE SCHOOL LAW. 11 T 

■vfhich lie in two or more towns, the Treasurer and Librarian 
shall report as required bj the twenty-sixth regulation to the 
Town Superintendent of the town in which the library is located. 

29. No person holding the office of District Treasurer shall 
be eligible to the office of Librarian. 

30. On the resignation of the Librarian of a joint library, 
the District Boards shall immediately appoint another Librarian, 
who shall enter upon the duties of his office forthwith. 

NEW SCHOOL LIBRARY LAW. 

The new School Library Law, recently enacted by our State 
Legislature, has four prominent provisions, namely: 

1. It provides a permanent Town School Library Fund, by 
setting apart for this purpose ten per cent, of the School Fund 
Income, subject to apportionment in 1860, and annually there- 
after, together with the proceeds of a special State tax, to be 
levied each year, of one-tenth of one mill on the dollar valuation 
of taxable property. 

2. It provides that this Fund shall be set apart specifically, 
for establishing and replenishing Town School Libraries. 

3. It provides that the books for these Libraries shall be pur- 
chased by public authority, and not by the local School Boards 
as heretofore. 

4. It provides that an extra number of the State Laws, Jour- 
nals and Documents, sufficient to supply each Town and City 
School Library with a set, shall be printed by the State Printer, 
and delivered to the State Superintendent, and these shall be 
substantially bound, under the direction of the State Superin- 
tendent, with the approval of the Governor, at a cost not ex- 
ceeding thirty cents per volume, to be paid out of the School 
Library Fund. 

The precise manner in which the books shall be purchased 
and distributed, except that they shall be purchased "by public 
authority," and "distributed in some just proportion among the 
towns and cities of the State," is not specified in the act. As 
the means for the first purchase, can not, from the terms of the 
law, be collected and ready for use until I860, it was 



118 COMMENTARY OX THE SCHOOL LAW. 

thought best not to encumber the act with details, which might 
have embarrassed and endangered its passage. These details, 
providing for the selection and purchase of the books, their 
distribution, and regulations for the management of the Libra- 
ries, will be carefully considered by Hon. Henry Barnard, the 
Superintendent of Public Instruction, and Prof. J. L. Pickard 
of the Platteville Academy, who have been appointed by the 
Legislature to make such revision of the School Laws of the 
State as they may think necessary, and report the same to the 
Governor in season to be by him submitted to the next Legisla- 
ture for its consideration. It need only be said in this connec- 
tion, that every precaution will be taken to guard the interests 
of the State, and prevent, by every restriction of law, the possi- 
bility of swindling or cheating in the contract for the books — for 
upon the faithful investment of this sacred fund will much of 
the popularity and usefulness of this law depend. 

There never was a measure involving new and additional tax- 
ation, that ever passed the Legislature with such unanimity. 
The State Superintendent's Report, which strongly urged the 
Town Library system, was not laid before the Legislature until 
three weeks before its adjournment; Mr. Barnard, who had been 
confidently expected here, and whose personal efforts and expe- 
rience were greatly counted on in aid of the measure, was 
detained in Connecticut by severe illness; and the Library 
law was not introduced until within eight working days of the 
close of the session, and notwithstanding all these untoward 
circumstances, this measure— a tax measure, too, in these strin- 
gent times — passed both Houses most triumphantly, by a vote 
of 19 to 3 in the Senate, and 51 to 10 in the Assembly; or in 
the aggregate, by a vote of 70 to 13. I have no doubt that the 
men who supported this noble and beneficent measure, will long 
be remembered with honor and gratitude by an intelligent and 
appreciating people. 

This School Library Fund will amount to at least $35,000 
annually, and will gradually increase in proportion to the in- 



I 



COMMENTARY ON THE SCHOOL LAW. 119 

crease of the School Fund Income, and the increase of the 
taxable property of the State. There will be something like 
$18,000 a year from the School Fund Income; and one-tenth jof 
a mill tax on the dollar valuation, on $175,000,000 of taxable 
property in the State, as equalized last year, would realize 
$17,500 — if the taxable property should be equalized, as it may 
be, at two hundred millions, then the income from this special 
Library tax would amount to $20,000 annually. I should con- 
clude, that the Library Fund will reach not less than $40,000 a 
year, within the next three years. But estimating it at $35,000, 
it would give on an average, to each of the six hundred and 
fifty towns and cities of the State $53 per year in books at 
wholesale rates; and deducting the probable pro rata for the 
cities and villages, there would be about $40, upon an average, 
to each of the rural towns. Estimating the present population 
of the State at 850,000, and dividing it by the number of towns 
and cities, we should have an average of lj333 person for each 
town and city; and $40 or $50 per year in books for this num* 
ber would appear but a very moderate investment. This amount, 
though small, will nevertheless aiford a respectable beginning for 
a Town School Library, when we take into consideration that a 
similar amount will be added annually thereafter. 

A single volume may serve as many as twenty-six persons a 
year,* each having its use two weeks. Many School Libraries 
have reported twelve times the number of books loaned annually 
that there were in the Library — each volume, upon an average, 
having been taken out once a month during the entire year. In 
the reports of the Town Libraries of Indiana, occur such ex- 
pressions as the following, which Avill not be lost on the public 
mind : " Nearly all the books have been drawn out as many as 
twenty-five times, many of them oftener, and quite a number of 
the books are not permitted to remain in the Library an hour 
before they are withdrawn." , Says another : " Our Library is 
doing more good than any thing that has ever been done by the 
Legislature of this State. Great interest is manifested in it 
here." 



120 COMMENTARY ON THE SCHOOL LAW. 

I may state as the result of ten years' experience of the Dis- 
trict Library system in Wisconsin, that only about one third of 
the districts have any libraries at all, and those generally so 
small as scarcely to deserve the name, — averaging less than 28 
volumes each, — and hence have utterly failed to fulfill the great 
mission of School Libraries. That what few books have thus 
been collected have been procured at high prices of book pedlers, 
and have but too generally related to Banditti and Mohbers, the 
Pirate's Oion Book, and other trashy and injurious works, which 
could only incite in the minds of children a desire themselves 
to become desperadoes. 

Had we continued the District Library plan in our State, and 
continued to leave the districts to procure a Library or not, a& 
they might elect, so long Avould the Library system of Wiscon- 
sin, it seems to me, have proved a signal failure; but with the 
Town Library plan, as is in Indiana, Ohio and Michigan, the 
State providing the Libraries for each town according to some 
just system of distribution, carefully selecting books suitable to 
meet the tastes and wants of all classes of community, replen- 
ishing them annually so as to keep each collection fresh and 
attractive, we shall have in each Library several times the num- 
ber and variety of books that any District plan could ever 
possess. For instance, suppose each of a dozen districts in a 
town was to have ten new volumes for a new Library, or for 
replenishing an old one — the same ten volumes that would be 
lest and cheajjest for one, would be best and cheapest for all; so 
that in all the twelve districts there Avould be, in truth, but ten 
different works; while upon the Township plan there would be 
a hundred and twenty different works for the same money. 
Any one can readily see how much more attractive the larger 
number would be to both youth and adults; how many more 
tastes would be gratified, and how much more knowledge would 
necessarily be diffused among the people. The same amount of 
money expended on the District plan would, by a judicious 
State system, purchase fully one-third more volumes, beside 
securing a vastly better selection, and having the advantage of a 



COMMENTARY ON THE SCHOOL LAW. 121 

uniform and far more permanent style of binding. According 
to the old District plan, we should always have had small and 
almost worthless Libraries; by the Township system, we shall 
soon have large, attractive and invaluable collections; and in- 
stead of only about one-third of the State, as is now the case, 
having a few ill-chosen volumes, every town in Wisconsin will, 
by the new system, soon have its solid Library of the choicest 
works to gladden the young minds of our two hundred and 
sixty-four thousand children, and furnish mental food for our 
other six hundred thousand people. 

I presume that provision will be made, that should the citizens 
of any town deem proper, they may sub-divide their Town Li- 
brary into two or three sections, and have them placed in as 
many convenient localities for six months or a year, and then 
interchange these sections with the other localities, and so in 
due time, the several sections or sub-divisions of the Library 
would be placed within the convenient reach of every part of 
the town, thus subserving nearly every facility of the District 
Library, with the most decided superadded advantages. 

As an instance illustrative of the strong feeling of attachment 

with which the Township Libraries are regarded where they 

have been established and tested, and how cheerfully the expense 

is borne by the people, I cite the following from an excellent 

address by Prof. Read of our State University : " I will give 

the substance of a conversation which I had during my recent 

visit to Indiana, while in the Auditor's Office, examining the 

most beautiful series of books — the Indiana School Library. 

A farmer from the remotest toAvnship of the county came in. 

After a little, I said to him, ' Gentry, you are heavily taxed 

here in Indiana; I have been running away to Wisconsin where 

they have no old dead horses in the form of canals to pay for? 

and no interest to pay on bonds which our sharp-sighted Indiana 

Commissioners were cheated out of.' 'Well,' said he, 'we are 

heavily taxed, and this year, with our short crops and hard 

prices, it is as much as we can do in our neighborhood to pay 

our taxes.' ' But,' I said to him, ' it will be the policy of this 
16 



122 COMMENTARY ON THE SCHOOL LAW. 

Legislature to diminish taxation.' He said 'in all mercy he 
lioped so,' ' They will begin upon your extravagant school sys- 
tem. Now look at these books — what is the use of them ? Do 
they do a particle of good V ' Let them,' said he, ' cut off what 
else they please — let them even cut off the whole school tax be- 
side, but tJie looks we must have.' He then told me, that the 
books had done his neighborhood more good, and had produced 
a greater change in the habits of families, than any other means 
of improvement which had ever been brought to bear upon the 
people." 

And so it will be in Wisconsin. The people will never grum- 
ble at the School Librar}"- tax, if the money is only wisely ex- 
pended. The tax will be light — one cent on every one hundred 
dollars, or twenty-five cents on every two thousand five hundred 
dollars, of taxable property. "Taxes," remarked that far-see- 
ing statesman, Edmund Burke, "taxes for education are like 
vapors, which rise only to descend again to beautify and fertil- 
ize the earth." 

Such was the interest of Horace Mann in the subject, when 
requested to give an expression as to the value of Town School 
Libraries for Wisconsin, that though ill, he said he must write a 
word of good cheer, as he held the plan to be worth many more 
times than his life. George B. Emerson, vrith the zeal of a 
true philanthropist, urged upon our Legislature the speedy 
adoption of such a system. "I congratulate you and the State," 
writes Henry Barnard, "that your Legislature has enabled 
you to inaugurate a true Library policy — altogether in advance, 
in its practical bearings and completeness, in time, of anything 
yet attempted." It is indeed, an advance upon the efforts of our 
sister States, all things considered; for taking the three States 
which have adopted the Township system, Wisconsin will raise 
more money, by nearly one- quarter, than Michigan, besides hav- 
ing the advantage of the State purchasing the books, instead of 
Township Boards, as is done in Michigan; it is in advance 
of Ohio, whose Library Fund is provided by imposing the tenth 
of a mill tax, while ours is raised by the tenth of a mill tax, and 



COMMENTARY ON THE SCHOOL LAW. 123 

one-tenth of the School Fund Income; and it is in advance of 
Indiana, not in the amount of tax raised, but in the permanency 
of the system, for in Indiana the Library Law is enacted to be 
in force only two years, and then has to pass the ordeal of se- 
curing a two years renewal, and thus is subjected to the danger 
of overthrow by the caprice of the people, or through the mis- 
management of those having it in charge. Our Wisconsin 
Library Law is in advance of all others in providing a copy of 
all State Laws, Journals and Documents, substantially bound, 
for each School Library. 

It is a noble and beneficent law; and will yet be regarded, 
when fully known, and its benefits begin to be realized, as the 
most important educational measure ever inaugurated in Wis- 
consin. I confess to cherishing no ordinary feelings of hope 
and pleasure in view of the unspeakable good that must inevi- 
tably result from a judicious expenditure, every twenty-five 
years, of fully 07ie million of dollars in books to scatter among 
our people — procuring not less than a million and a quarter of 
volumes of the choicest literature of the age; and I envy not 
the man who cannot partake of this feeling of hope and joy. in 
view of the prospective progress and happiness of his race. 

OF ACTIONS AND JUDGMENTS AGAINST SCHOOL DISTRICTS. 

(Sec. 81.) All actions to which a School District is a party 
maybe brought before a justice of the peace, when the amount 
claimed is less than $100. 

(Sec. 82.) No property of a District is liable to levy or 
sale upon an execution. 

(Secs. 83 — 86.) Immediately upon the rendition of any 
judgment against a school district, the Director shall certify the 
same to the Town Clerk, or if the district be a joint district, 
to the Clerk of each town in which such district is in part situ- 
ated. If the Director fail to certify the judgment, as abovo 
specified, the certificate of the justice, or clerk of the court 
rendering the judgment, may be filed instead. The Town 
Olerk is then required to assess the judgment, with interest 



124 COMMENTARY ON THE SCHOOL LAW. 

thereon, in a separate column, in the next assessment roll, and 
the tax wlicn collected shall be paid to the party entitled thereto. 

PENALTIES AND LIABILITIES. 

(Secs. 87 — 98.) All penalties less than one hundred dollars 
may be collected in an action brought before a justice of the 
peace. Any person neglecting to serve, in any capacity, as 
district officer, without good cause shown, shall forfeit ten dol- 
lars. Any Town Superintendent, or Clerk of the Board of 
Supervisors, who shall fail to make their report as required by 
law, will be liable for the full amount with interest, which such 
town or county loses by such neglect. Any Town Superin- 
tendent, or Town Clerk, who shall neglect or refuse to carry 
out any decision of the State Superintendent, will bo liable to 
removal by the Town Board of Supervisors. If a District 
Clerk willfully makes a false report, he shall be adjudged guilty 
of a misdemeanor, and punished by fine or imprisonment. A 
refusal to deliver books, cVc. to successor in office, renders a 
District Clerk liable to a fine of fifty dollars. It is the duty of 
the Town Superintendent to prosecute the District Treasurer, for 
malfeasance in office, and for a neglect of this duty, he incurs a 
fine of fifty dollars. 

MI.<CELLANEOUS PRO VISIONS. 

(Secs. 94 — 99.) In case the Town Superintendent neglects 
or refuses to apportion the public money, in case a Town or 
County Treasurer refuses to pay over the School moneys in his 
hands, such action for its recovery may be brought, either by the 
Town Superintendent, or by any district aggrieved, and the 
Town Superintendent or district may control such action with- 
out hindrance from the nominal plaintiff to such action. Copies 
of the official bond, upon which action is brought, will be deemed 
sufficient proof for all purposes of law. 

By Section 98, it is made the duty of the Town Superin- 
tendent to make a map of all the school districts in his town, 
before the first Monday of September, and file it with the Town 
Clerk; and within the same time to furnish a map of each dis- 



COMMENTARY ON THE SCHOOL LAW. 125 

trict to the Clerk thereof. After said first Monday of Septem- 
ber it is his duty to mark each alteration made upon the map in 
the possession of the Town Clerk, and upon the map of each 
district that may be altered. It is but little trouble to make 
these maps, and note upon them the different changes made, and 
the Town Superintendent should not fail to discharge his duty 
in this respect, as such maps are indispensable in many instances 
where frequent changes are made, and are always convenient. 

BORROWING MONET. 

(Secs. 100, 101.) The vote authorizing the Board to borrow 
money in the name of the District, must be taken at an Annual 
Meeting by ballot, and the result must be recorded in the records 
of the District. It requires a majority of all the legal voters 
in the district to pass such a vote. Money can not be loaned 
for a longer period than five years, nor in amount to exceed one- 
tenth the real estate valuation of the district, according to the 
last assessment roll. The District Board are empowered, in 
such cases, to mortgage District property. 

JOURNAL OF EDUCATION. 

(Secs. 102 — 105.) The State Superintendent annually sub- 
scribes for a sufficient number of the Journal of Education to 
supply each District Clerk and Town Superintendent with a 
copy. The Journal is sent post paid. It is the duty of each 
District Clerk to preserve the copies for binding. Town Super- 
intendents are requested to see that all the clerks in their town 
are supplied. 

UNION SCHOOLS. 

The law of 1858 authorizes any two or more districts to unite 
and form a Union District for High School purposes. These 
High School districts do not interfere with the common school 
districts embraced within their limits. High School Districts 
do not draw public money for their support, but all expense 
must be met by a direct tax. Tuition may be charged upon pu- 
pils residing without the district. Teachers' certificates for 
High School teachers are granted by an examining Board, con- 



126 COMMENTARY ON THE SCHOOL LAW. 

sisting of the Town Superintendent, and the Board of the Union 
District. The Common School Law governs Union Districts 
in all points not expressly provided for in this law. 

Webster's unabridged dictionary. 

Provisions have been made for furnishing; each school district 
in the State with a copy of "Webster's Unabridged Dictionary. 
Upon the proper affidavit by the Town Superintendent, the 
Dictionaries will be sent. It is earnestly desired that applica- 
tion in all cases be made by the Town Superintendent to avoid 
delay and the confusion which would otherwise be unavoidable. 
Dictionaries cannot be sent by mail, and the manner of trans- 
mission should always be stated. If Dictionaries are lost, the 
district losing it is not entitled to another copy from the State. 
By chapter cxxxviii General Laws 1859, the State Superin- 
tendent is authorized to contract for a sufficient number of 
copies to complete the distribution. It is hoped that the delay 
in filling applications heretofore unavoidable will no longer be 
necessary. 



SCUOOL HOUSES. 127 



SCHOOL HOUSES. 



The following hints in regard to School Houses are given 
merely as directory to the Districts. The houses now in use by 
many able and densely populated districts in the State are a 
disgrace to the people, and might be fitted up in a tasty and 
attractive manner at little expense. We hope that more atten- 
tion will be paid to this than has been heretofore. 

As the location of school houses, and their interior and exte- 
rior arrangements, exert a very important influence upon the 
discipline and proficiency of schools, and the morals and habits 
of the scholars, it is thought proper to submit a few suggestions 
upon the subject, which it is believed, will recommend them- 
selves to the approving consideration of every person interested 
in the health and comfort of his children, and the credit and 
prosperity of the schools. 

LOCATION OF SCHOOL HOUSES. 

The site of the school house should be in a dry, healthy and 
sheltered situation, accessible from all parts of the district, and 
retired from the dust, noise and danger of the highway; the vi- 
cinity of places of idle and dissipated resort should be avoided, 
as well as places of public business; and if it can be so chosen 
as to overlook a delightful country and be surrounded by pic- 
turesque scenery, it will be increasing the attractions that should 
always surround it. 

"The first aim, should be to select a healthy location, for no 
combination of advantages in other respects can compensate for 
the absence of this; and the house should be built at any point, 
no matter how far distant from the center, or the district should 
be disorganized and attached to those which surround it, rather 
than expose the children every time they step outside the school- 
room to the poisonous miasma arising from marshes and low 



128 ) SCHOOL HOUSES. 

land in the summer, or the piercing blasts and severe cold of an 
elevated situation in the winter. Neither should a school-house 
be built on a level arid waste, where the scorching rays of the 
sun pour down continuously during the long summer days, dry- 
ing up vegetation, burning the life out of the atmosphere, and 
enervating the body and mind of teacher and pupils, but on a 
gentle eminence, sufficiently elevated to be always free from 
standing water, and protected, if possible, from winter's winds 
by a ridge of land or a grove of timber. 

" Having selected the spot for a site, the next thing in order is 
to determine its size, and this is the second point at which mis- 
takes are usually made, though there' is not generally as much 
contention about tte size as about the locality of the site, all 
agreeing in providing the smallest one that will answer the pur- 
pose. In many instances the front of the house is set even with 
the road fence, leaving no yard except that furnished by the 
street; in others the fence curves beautifully around the rear of 
the house, leaving space enough for teams to pass, and an area 
at the sides on which to pile the firewood, and serving as a place 
of deposit for ashes, litter, etc. 

" Notwithstanding the interest felt in the subject of education, 
and the improvements which have been made in the construction 
of school-houses, actual examination of a large portion of the 
State, has convinced us that not one school-house in a hundred 
has a yard of suitable size and properly enclosed, and this is 
true of sections of country in which land is not worth more 
than ten dollars per acre. 

" Now, .that every school-house should have an enclosed yard, 
is evident from the following considerations : First, as a matter 
of economy. The house and appurtenances are always more 
liable to damage from accidents, and trespasses on the part of 
animals, rude boys and uncivilized men, when standing open to 
the street, than when surrounded by a good fence. 

" Second, on the score of neatness. A yard or area to which 
hogs and horned animals have access at their pleasure, is not a 
■fit place for young children to sport and play in, and it is impos- 



SCHOOL HOUSES. 129 

sible for the teacher to exert a proper influence upon his or her 
scholars in regard to cleanliness, and the personal habits con- 
nected with it, so long as the school-house is situated in the 
highway, and surrounded by the filth which usually accumulates 
under such circumstances. 

" Third, pupils should have sufficient room for exercise and 
amusement without using the highway for that purpose, not only 
because they are liable to injury from passing teams, and often 
frighten skittish horses, causing their drivers annoyance and 
trouble, but because of the influence the unrestricted use of the 
highway will have upon their future characters and lives. 

" Habits of lawless self-indulgence and disregard of others' 
rights are the legitimate results of lessons learned in the street, 
and all who realize the truth of the saying, that "the child is 
father to the man," will see in unfenced school houses, cemeter- 
ies, and the like, a cause for the prevalence of the idea which 
regards the public as an outlaw, whom all are at liberty to hunt 
and plunder. 

" Every country school-house should have a yard containing 
at least one acre of land, and should be so arranged as to afford 
a separate play-ground for each sex, with proper out-buildings." 
— Wis. Journal of Education. 

SCHOOL HOUSE. 

The school-house should present a handsome exterior, and in 
every respect an inviting and attractive appearance. There 
should be a separate entrance to the school-house for each sex, 
opening into rooms distinct from each othier and from the school- 
room. These rooms should be fitted up with scrapers and mats 
for the feet; with hooks, shelves, &.C., for hats, coats, umbrellas, 
etc. ; with sink, basin and towels, and all the means and appli- 
ances necessary to secure habits of order and cleanliness. 

In determining the size of a school house, reference should be 
had not merely to the number of children needing accommoda- 
tions at present, but also to the probable number who may be 
residents of the district for several years in the future. A dis- 
17 



130 SCHOOL HOUSES. 

trict in which there are forty children of an age suitable to 
attend school, should erect a house capable of accommodating 
sixty pupils at the least. 

We will suppose, then, that a house is to be built to accommo- 
date that number of pupils; the size and arrangement of the 
seats are first to be considered. The best arrangement is a 
single seat and desk for each pupil, but when such cannot be 
had, double seats and desks for two pupils will do very well, and 
will cost but little more than the old fashioned long seat and 
desk." 

THE SCHOOL ROOM. 

The school room, in addition to the space required for aisles 
and the teacher's platform, should be large enough to accom- 
modate, with a seat and desk, every scholar who is entitled to 
attend the school, and also to allow at least one hundred and 
sixty cubic inches to each scholar; so that a room twenty-five 
feet by thirty, and ten feet in height, is none too large for the 
healthy and convenient accommodation of forty-five scholars. 
The room should be well lighted, with windows on the sides of 
the building, so that the light will not shine directly upon the 
faces of the scholars, and should be furnished with curtains or 
blinds. The teacher should have a platform raised a few inches 
from the floor, and supplied with a desk, situated near the front 
entrance to the school room. 

SEATS AND DESKS. 

The seats and desks should be so arranged that all scholars 
will sit facing the teacher in his desk: and should be so con- 
structed that but two scholars will occupy one seat and desk, 
which should be at least three feet eight inches long. Thus no 
scholar will disturb another by leaving his seat. A separate 
seat and desk for each scholar would be still better. The height 
of the seats and desks should be graduated to suit the ages of 
the different scholars. For a child ten years of age, the seat 
should be about thirteen inches high, and desk twenty-two 
inches; width of the seat about eleven inches, and of the desk 



SCHOOL HOUSES. " 131 

fourteen inches. For a scholar seventeen years of age the seat 
should be sixteen inches high and thirteen wide; the desk twen- 
ty-eight inches high and eighteen wide. Three inches of the 
upper surface of the desk should be level, the remainder sloping 
not more than one inch in a foot, and the edge should be in the 
same perpendicular line with the front of the seat. The back of 
the seat should slope about two^and a half inches in sixteen;i '' 

The room should be properly warmed, and kept at an even 
temperature of about sixty-eight degrees; and as stoves are 
mostly used for this purpose, the pipe should be carried as high 
as possible above the heads of the scholars, to a flue within or 
next to the wall. 

Every school room should be supplied with at least a black 
board, and three outline maps — one of each hemisphere, and one 
of the United States. Other maps, charts, and apparatus, 
should be furnished as the wants of the district suggest, and its 
means will allow. Pictures of persons, or scenes suited to a 
proper moral effect, are desirable and useful decorations of a 
school room. 

VENTILATION OP SCHOOL ROOM. 

It is a well ascertained fact, that the amount of air inhaled by 
a healthy adult during three hours, is at least seventy -five cubic 
feet, and that air once respired will not further sustain animal 
life. Therefore forty-five scholars, during a three hours session 
of school, would exhaust the vitality of three thousand three 
hundred and seventy-five cubic feet of air; and were they kept 
in an air-tight room, twenty by twenty-four feet, and seven feet 
in height, and could they breathe the pure air until it is all once 
respired, they would all die before the expiration of three hours. 
Such a condition of things cannot well exist, but there are eases 
of approximation to it, and this is given as an instance, to show 
the necessity of large rooms, high ceilings, and proper ventila- 
tion. For air once respired, mixes with and vitiates the pure 
air remaining in the room, rendering its inhalation unhealthy 
and injurious, enervating both body and mind, and rendering 
both teacher and scholars unfit to pursue the object for which 



132 SCHOOL HOUSES. 

they are assembled. Proper means for ventilation sliould be 
provided in all school rooms for the escape of the foul air, and 
admission of pure air, and should be regarded as of primary 
importance in the construction of a school house. This may be 
done by constructing the windows so that the upper sash can be 
lowered, and by an opening, at least one foot in diameter, near 
the ceiling, into a flue which leads into the open air. 
i If the ventilating flue can be carried up close beside or within 
' the^smokc flue, the vf armth of the latter during the season when 
a fire is necessary, will materially aid the escape of foul air. 
Fresh air may be supplied by an opening in the floor under the 
stove, supplied with a tube leading beneath the floor, through 
the outside wall of the buildins;. 



In conclusion, we would strongly urge upon the people of the 
State to foster their district schools — those nurseries of wisdom 
and intelligence, and upon which the future of our nation so 
intimately depends. The annual meetings should be fully 
attended, and ofiicers selected with a conscientious reference to 
their fitness for the office. 

'.' Another point of vital importance is the selection of proper 
teachers. A good teacher is the cheapest in all cases; and we 
would urge upon district officers the absolute necessity of look- 
ing well to the moral as well as mental qualifications of the 
teacher. The teacher should also be encouraged by frequent 
visits from the patrons of the school — not in a manner to inter- 
fere with the discharge of his duties, nor to 'find occasion of 
complaint, but to show a proper interest in the great work to 
which he is devoted. 

It may also be observed that the harmony and good feeling 
that should exist in school districts and communities in relation 
to common schools, and the generous support that should be 
given to our free school system, depends much upon the enlight- 
ened zeal with which district officers and Town Superintendents 
fulfill the delicate and responsible trusts confided to them by the 
people. School ofiicers .are the agents of the people in carrying 



TEXT BOOKS. 133 

out and effectuating the great republican principle of free 
schools; and it is hoped that the happy effect thus far experi- 
enced in the administration of this system, will not be suffered 
to decline in interest with the people, or usefulness to the chil- 
dren dependent upon it for an education, through indifference or 
omission of duty on their part. li noau bnoq^\5^2^i§ 

TEXT BOOKS RECOMMEIs^D^EI),;?!''™^ 

In this age of improved text books ijjtris np pl.eaiSanii-tast to;-s 
commend one book, or series of school books, as superior to all 
others of the kind. Yet it is one of the obligations imposed by 
law on the State Superintendent — "it shall be his duty to recom- 
mend the introduction of the most approved text books, and a» 
far as practicable to secure a uniformity in the use of text 
books in the Common Schools throughout the State." "The 
Board in each district shall have power, under the advice of the 
Superintendent of Public Instruction, io determine what school 
and text books shall be used in the several branches taught in 
the school of such district." The law, then, makes it the "duty 
of the State Superintendent to recommend,''^ while "the power of 
determining what school and text books shall boused," is vested 
in the District Board, under the advice of the State Superintend- 
ent. It is a further duty of the State Superintendent to secure^ 
as far as practicable, uniformity in the use of text books through- 
out the State. How all this can be effected, is not so easily 
determined. It would be folly for the State Superintendent to 
recommend text books, and endeavor to secure a uniformity in 
their use, if the District Boards have full power to determine 
this matter for themselves. And if the four thousand Distriet 
Boards in the State have full control of this subject, and can 
select what text books they please, how can a uniformity by any 
possibility be secured? But this power on the part of the Dis- 
trict Boards is plainly limited; they can only determine under 
the advice, or recommendation of the State Superintendent- 
To meet this view of the case, and leave the District Boards 
some latitude, two kinds of text books upon the principal 
branches taught, are respectfully recommended in the following 
list. „. ,,.,,,. ,.^ ,., 

Other series of Readers are regarded as good,-^Towers*, Sar- 
gent^s, Town &. Holbrook's, Sanders', and Lovell's; but after a 
careful examination of the merits of all, and consultation with 
several of the prominent educators of the State, preference is 



134 TEXT BOOKS. 

given to Parker &■ Watson's new series of National Readers, 
and McGuffey's Eclectic Educational series. 

It has been already observed, that when diflFerent text books 
from those here recommended are at present in use, a sudden 
change might not be desirable; but as soon as the old supply is 
worn out, and sooner if the district will sanction it, let the 
proper change be made — for the proficiency of the scholars will 
greatly depend upon their having the best text books extant. 

Spellers and Readers — National Series, McGuffey's Series. 

Moral Instruction — The Bible, Cowdry's Moral Lessons. 

trrammars — Greene's First Lessons, Elements of English 
Grammar, Analysis; Clark's Grammar. 

G-eographies — Monteith and McNally's Series, Warren's 
Geography, Warren's Physical Geography. 

Mathematics — Davies' Arithmetics and Algebrasj Ray's 
Arithmetics and Algebras; Stoddard's Intellectual Arithmetic; 
Colburn's (Prof. D. B.) Arithmetic and its Applications; and 
Davies' Higher Mathematics. 

Composition, ^'c. — Brookfield's First Book; Quackenboss' 
First Lessons; McElligott's Analyzer. 

Speakers — Northend's Little Speaker; Northend's American 
Speaker; Zachos' New American Speaker, McGuffey's New 
Eclectic Speaker. 

Book Jfee/)?'??^— Mayhew's Practical System; Fulton & East- 
man's Book Keeping. 

Histories — Lossing's Primary U. S. History; Lossing's Pic- 
torial U. S. History for Schools; Wilson's Outlines of General 
History; Willard's Universal History. 

Outline Maps — Pelton's, Mitchell's. 

Drawing^-Coe's Drawing Cards, Otis' Drawing Books of 
Animals and Landscapes. 

Crovernmcnt — Sheppard's Constitutional Text Book. 

Philosophy, <f-c. — Parker's Philosophy, Wells' Philosophy, 
Well's Science of Common Things, Peterson's Familiar Sci- 
ence. 

Chemistry — Porter's First Book of Chemistry; Porter's 
Princii:'les of Chemistry; Youman's Class Book of Chemistry. 

Botany — Wood's First Lessons; Wood's Class Book; Gray's 
Botanical Text Book. 

Astronomy — Kiddle's Manual. 

G-eology — Ilitchcock's. 

Physiology, Hygiene, ^c. — Loomis' Physiology; Mrs. Por- 
ter's ''Know Thyself;" Cutler's Physiology. 

Zoology — l\Irs. Redfield's Chart of the Animal Kingdom; 
Mrs. Redfield's Zoological Science. 

Music — Bradbury's Young Melodist; Bradbury's School 
Singer. 



TEXT BOOKS. 185 

Reference Books — Webster's Dictionaries; Lippincott's Pro- 
nouncing Gazetteer of the World; Lippincott's Gazetteer of the 
United States. 

School Architecture — Barnard's School Architecture, or Con- 
tributions to the Improvement of School Houses in the United 
States, $2; Barnard's Practical Illustrations of the Principles 
of School Architecture — an abridgment of the preceding — price 
50 cents. 

*^* The School Teacher^ s Library is eminently worthy of the 
attention of all educators. The series consists of — 

Northend's Teacher and Parent; 

Page's Theory and Practice of Teaching; 

Mansfield on American Education; 

De Tocqueville's American Institutions; 

Davies' Logic of Mathematics; 

Mayhew on Universal Education; 

Boot on School Amusements. 

Since the publication of the preceding list Robinson's Matlie- 
matieal Series, Loomis' Normal Arithmetic, and Olmsteud's 
Rvdiments of Natural Philosophy and Astronomy, have been 
examined and found worthy of being recommended as useful 
text books. 

LYMAN C. DRAPER, 

State Superintendent of Public Instruction, 



136 MORAL AND RELIGIOUS INSTRUCTION 



MORAL AND RELIGIOUS INSTRUCTION 

IN PUBLIC SCHOOLS. 



Office of Syr'x of Public Instruction, 

Madison, Wis., May 31st, 1858. 

Dear Sir : — I duly received your favor of the 20tli inst., in 
which you inform me, that the Board of Education of Water- 
town, of which you are a member, have "unanimously resolved, 
that the reading of the Bible, and all forms of prayer, be dis- 
continued." You assign, as your justification for this action, 
the fact that your community is composed of so many diiTerent 
national elements; and, in conclusion, you ask my opinion on 
the subject. 

I very much regret that there should have occurred any seri- 
ous differences of opinion in regard to the management of t*he 
public schools in your city; and, above all, do I regret that 
such differences should have had their origin with reference to 
the use of the Bible. The Constitution, very properly, I think, 
prohibits " sectarian instruction" in the public schools of the 
State; but this certainly cannot justly be construed to mean 
the total exclusion of the Bible from the schools, or that simply 
repeating the Lord's Prayer, as has been done in your public 
schools, or indeed uttering any other liberal, unobjectionable 
prayer, could, in any just sense, be regarded as sectarian. This 
is my view and understanding of the matter, and I feel quite 
confident that this is also the practical, common-sense view taken 
of it by the great mass of the people of Wisconsin, without any 
regard to sectarian connections or partialities. 

You ask if the reading of the Scriptures and offering prayer 
are the common practice in the public schools in this State? To 
a considerable extent, I presume it is; perhaps almost invariably 
so, when in accordance with the teacher's wishes. And such, 
too, is the practice, to a great extent, in other portions of our 
own country, and in Europe. And, more than this, religious 
instruction is imparted in the public schools of the most enlight- 
ened countries of the world — in some of them it is sectarian, 
but in many it is not. In Great Britain, France, Prussia, Ger- 
many, Belgium, Holland, Bavaria, Saxony, Austria, Norway, 
Sweden, and Switzerland, more or less religious instruction is 
given in the public schools; and even in Russia it is a national 



IN PUBLIC SCHOOLS. 137 

maxim, that "religious teaching constitutes the only solid foun- 
dation of all useful instruction." 

No more enlightened statesman, or abler advocate for religious 
instruction in the public schools, has appeared in any age or 
country than the celebrated M. GuizoT, who has repeatedly 
been chosen as the Minister of Public Instruction in France. 
In addressing the French Chambers, while discussing his scheme 
of primary education for France, he said : " You have admitted 
moral and religious instruction as an essential part of primary 
education; but, gentlemen, moral and religious instruction is not 
like a reading lesson, or a question in arithmetic, to be gone 
through at a particular hour, and then laid aside. Moral and 
religious instruction is a work of all hours and all times. The 
atmosphere of a school ought to be moral and religious, and this 
is the only condition on which you can have moral and religious 
instruction in your schools. Children reach the age in which 
the sciences are to be studied, but in Primary Schools, if you 
lay not a foundation of morality and religion, you build upon 
the sand. Does not the teacher open and close the school with 
prayer? In teaching the children to read, is it not in the Cate- 
chism? In teaching them History, is it not that of Scripture? 
In a word, religious instruction is mingled with all the proceed- 
ings at all hours, in a Primary School. Take heed of a fact,' 
which was never so brightly apparent as at this day: Intellectu- 
al culture, if accompanied by moral and religious culture, pro- 
duces ideas of order, and of submission to the laws, and becomes 
the basis of the greatness and prosperity of society. Intellec- 
tual culture alone, not so accompanied, produces principles of 
insubordination and disorder, and endangers the social compact." 
Elsewhere speaking of his bill, he observed: "By moral and re- 
ligious instruction, it provides for another class of wants quite 
as real as the others, and which Providence has placed ih the 
hearts of the poorest, as well as of the richest, in this world, 
for upholding the dignity of human life, and the protection of 
social order." Speaking of the teacher, and his high and im- 
portant mission, he remarked: "Nothing can supply for you, 
the desire of faithfully doing what is right. You must be aware, 
that, in confiding a child to your care, every family expects that 
you will send him back ^an honest man; the country, that he 
will be made a good citizen. You know that virtue does not al- 
ways follow in the train of knowledge; and that the lessons 
received by children might become dangerous to them, were they 
addressed exclusively to the understanding. Let the teacher, 
therefore, bestow his fiirst care upon the cultivation of the mor- 
als of his pupils. He must unceasingly endeavor to propagate 
and establish those imperishable principles of morality and 
18 



138 MORAL AND RELIGIOUS INSTRUCTION 

reason — without which, universal order is in danger; and to sow 
in the hearts of the young those seeds of virtue and honor, which 
age, riper years, and the passions, will never destroy. Faith in 
Divine Providence, the sacredness of duty, submission to pa- 
rental authority, the respect due to the laws, to the King, and 
to the rights of every one — such are the sentiments which the 
teacher will strive to develop." 

Professor Stowe, in his Report on Elementary Instruction 
in Europe, remarks : " In regard to the necessity of moral in- 
struction and the beneficial influence of the Bible in schools, the 
testimony was no less explicit and uniform. I inquired oi all 
classes of teachers, and men of every grade of religious faith, 
instructors in common schools, high schools, and schools of art, 
of professors in colleges, universities and professional seminaries, 
in cities and in the country, in places where there was a uni- 
formity, and in places where there was a diversity of creeds, of 
believers, and unbelievers, of rationalists and enthusiasts, of 
Catholics and Protestants; and I never found but one reply, 
and that was, that to leave the moral faculty uninstructed was to 
leave the most important part of the human mind undeveloped, 
and to strip education of almost everything that can make edu- 
cation valuable; and that the Bible, independently of the inter- 
est attending it, as containing the most ancient and influential 
writings ever recorded by human hands, and comprising the re- 
ligious system of almost the whole of the civilized world, is in 
itself the best book that can be put into the hands of children, 
to interest, to exercise, and to unfold their intellectual and moral 
powers. Every teacher whom I consulted, repelled with indig- 
nation that moral instruction is not proper for schools; and 
spurned with contempt the allegation, that the Bible cannot be 
introduced into common schools without encouraging a sectarian 
bias in the matter of teaching; an indignntion and contempt 
which I believe will be fully participated in by every high-mind- 
ed teacher in Christendom." 

Professor Stowe, speaking of the German teacher, observes: 
" Sometimes he calls the class around him, and relates to them, 
in his own language, some of the simple narratives of the Bible, 
or reads it to them in the words of the Bible itself, or directs 
one of the children to read it aloud; and then follows a friendly, 
familiar conversation between him and the class, respecting the 
narrative; their little doubts are proposed and resolved, their 
questions put and answered, and the teacher unfolds the moral 
and religious instruction to be derived from the lesson, and illus- 
trates it by appropriate quotations from the didactic and precep- 
tive parts of the Scriptures. Sometimes he explains to the class 
a particular virtue or vice, a truth or a duty; and after having 



IN PUBLIC SCHOOLS. 139 

■clearly shown what it is, he takes some Bible narrative which 
strongly illustrates the point in discussion, reads it to them, and 
directs their attention to it, with special reference to the preced- 
ing narratiye." 

"Nothing," says Horace Mann, "receives more attention in 
the Prussian schools than the Bible. It is taken up early, and 
studied systematically. The great events recorded in the Scrip- 
tures of the Old and New Testament; the character and lives 
of those wonderful men, who, from age to age, were brought up- 
on the stage of action, and through whose agency the future 
history and destiny of the race were to be so much modified; 
and especially, those sublime views of duty and of morality which 
are brought to light in the Gospel, these are topics of daily and 
earnest inculcation in every school. To these, in some schools, 
is added the history of the Christian religion, in connection with 
contemporary civil history. So far as the Bible lessons are con- 
cerned, I can ratify the strong statements made by Prof. Stowe, 
in regard to the absence of sectarian instruction, or endeavors 
at proselytism." 

Lord Brougham, in pleading for a system of national educa- 
tion for England, exclaimed: "Shall we, calling ourselves the 
friends to human improvement, balance any longer upon some 
party interest, some sectarian punctilio, or even some refined 
scruple, when the means are within our reach to redeem the 
time, and to do that which is most blessed in the sight of God, 
most beneficial to man? Or shall it be said, that between the 
claims of contending factions in Church or in State, the Legis- 
lature stands paralyzed, and puts not forth its hand to save the 
people placed by Providence under its care, lest offence be given 
to some of the knots of theologians who bewilder. its ears with 
their noise, as they have bewildered their own brains with their 
controversies ? Lawgivers of England ! I charge ye, have a 
care ! Let us hope for better things. Let us hope it, through 
His might and under His blessing who commanded the little chil- 
dren to be brought unto Him, and that none of the family of 
mankind should be forbidden; of Him who has promised the 
choicest gifts of His Father's kingdom to those who in good 
earnest love their neighbors as themselves." 

Hon. Thomas Wyse, who was, a few years since, a distin- 
guished Roman Catholic member of the British Parliament, in 
his work on Education Reform, thus expresses himself on this 
point : " What is true of individuals, is still truer of societies. 
A reading and writing community may be a very vicious com- 
munity, if morality (not merely its theory, but its practice,) be 
not as much a portion of education as reading and writing. 
Knowledge is not a branch of education, but it has too often 



140 MORAL AND RELIGIOUS INSTRUCTION 

been taken for the ' whole.' " " When I speak of moral educa- 
tion," continues Mr. Wyse, "I imply religion; and -vrhen I 
speak of religion, I speak of Christianity. It is morality, it is 
conscience par excellence. Even in the most worldly sense, it 
could easily be shown that no other morality truly binds, no- 
other education so effectually secures even the coarse and mate- 
rial interests of society. The economist himself would j&nd 
his gain in such a system. Even if it did not exist, he should 
invent it. It works his most sanguine speculations of good into 
far surer and more rapid conclusions, than any system he could 
attempt to set up in its place. No system of philosophy has 
better consulted the mechanism of society, or joined together 
with a closer adaptation of all its parts, than Christianity. No 
legislator who is truly wise — no Christian will for a moment 
think — for the interests of society and religion — which are, 
indeed, only one, — of separating Christianity from moral edu- 
cation." 

Mr. Wyse observes again : "jIn teaching religion and moral- 
ity, we naturally look for the best code of both. Where is it 
to be found? Where, but in the Holy Scriptures? AVhere, but 
in that speaking and vivifying code, teaching by deed, and seal- 
ing its doctrines by death, are we to find that law of truth, of 
justice, of love, which has been the thirst and hunger of the 
human heart in every vicissitude of its history. From the 
mother to the dignitary, this ought to be the Book of Books ; 
it should be laid by the cradle and the death-bed; it shoiild be 
the companion and the counsellor, and the consoler, the Urim 
and Thummim, the light and the perfection of all earthly exist- 
ence." 

Hon. J. B. Meilleur, late Superintendent of Education for 
Lower Canada, thus remarks in his last Annual Report : "As 
the moral and religious department of education has become 
matter of discussion, and some have proposed that we should 
limit our teaching in our schools to the ordinary acquirements 
uf science, without troubling ourselves with religious education, 
I consider it my duty to protest in this place against the fatal 
tendency of such a system. The aim of education is to render 
men perfect, and to qualify them to fulfill their duties towards 
God, towards their families, towards society, and towards them- 
selves. Every system of education having a different object 
would be subversive of the great grinciples on which society is 
based, and without which a nation could never become strong, 
or great, or prosperous. Every system of national education 
ought to be, above all, moral and religious, and without this we 
could not have a well-ordered society." 

Washington, in his Farewell Address to the American Peo- 



IN PUBLIC SCHOOLS. 141 

pie, has left us this noble testimony in favor of Religion and 
Morality : " Of all the dispositions and habits which lead to 
political prosperity, Religion and Morality are indispensable. 
In vain would that man claim the tribute of patriotism, who 
should labor to subvert these great pillars of human happiness, 
these firmest props of the duties of men and citizens. The 
mere politician, equally with the pious man, ought to respect 
and to cherish them. A volume could not trace all their con- 
nexions with private and public felicity. Let it simply be 
asked, where is the security for property, for reputation, for 
life, if the sense of religious obligation desert the oaths, which 
are the instruments of investigation in courts of justice ? And 
let us with caution indulge the supposition, that morality can 
be maintained without religion. Whatever may be conceded to 
the influence of refined education on minds of peculiar structure, 
reason and experience both forbid us to expect that national 
morality can prevail in exclusion of religious principle. It is 
substantially true, that virtue or morality is a necessary spring 
of popular government. The rule, indeed, extends with more 
or less force to every species of free government. Who, that is 
a sincere friend to it, can look with indifference upon attempts 
to shake the foundation of the fabric ? Promote, then, as an 
object of primary importance, institutions for the general diffu- 
sion of knowledge." 

The profound intellect of Daniel Webster was especially 
directed to the connection of the Bible and Christianity with 
educational institutions, as may be seen by the following extracts 
from his masterly argument in the Girard College case in the 
Supreme Court of the United States: "I maintain," said 
Webster, " that, in any institution for the instruction of youth, 
where the authority of God is disowned, and the duties of Chris- 
tianity derided and despised, and its ministers shut out from all 
participation in its proceedings, there can no more be charity, 
true charity, found to exist, than evil can spring out of the 
Bible, error out of truth, or hatred and animosity come forth 
from the bosom of perfect love. * * * * 

" The ground taken is, that religion is not necessary to mor- 
ality; that benevolence may be insured by habit, and that all 
the virtues may flourish, and be safely left to the chance of 
flourishing, without touching the waters of the living spring of 
religious responsibility. With him who thinks thus, what can 
be the value of the Christian revelation ? So the Christian 
world has not thought; for by that Christian world, throughout 
its broadest extent, it has been, and is, held as a fundamental 
truth, that religion is the only solid basis of morals, and that 
moral instruction not resting on this basis is only a building 



142 MORAL AND RELIGIOUS INSTRUCTION 

upon sand. And at what age of the Christian era have those 
"who professed to teach the Christian religion, or believe in its 
authority and importance, not insisted on the absolute necessity 
of inculcating its principles and its precepts upon the minds of 
the young ? In what age, by what sect, where, when, by whom, 
has religious truth been excluded from the education of youth ? 
Nowhere; never. Everywhere, and at all times, it has been, 
and is regarded as essential. It is the essence, the vitality, of 
useful instruction. ***** 

*' Mr. Girard says that there are such a multitude of sects, 
and such diversity of opinion, that he will exclude all religion 
and all its ministers, in order to keep the minds of the children 
free from clashing controversies. Now, does not this tend to 
subvert all belief in the utility of teaching the Christian relig- 
ion to youth at all ? Certainly, it is a broad and bold denial of 
such utility. To say that the evil resulting to youth from the 
differences of sects and creeds overbalances all the benefits 
which the best education can give them, what is this but to say 
that the branches of the tree of religious knowledge are so 
twisted, and twined, and commingled, and all run so much into 
and over each other, that there is therefore no remedy but to 
lay the axe at the root of the tree itself? It means that, and 
nothing less ! Now, if there be anything more derogatory to 
the Christian religion than this, I should like to know what it 
is. In all this we see the attack upon religion itself, made on 
its ministers, its institutions, and its diversities. And that is 
the objection urged by all the lower and more vulgar schools of 
infidelity throughout the world. In all these schools, called 
schools of Rationalism in German, Socialism in England, and 
by various other names in various countries which they infest, 
this is the universal cant. The first step of all these philosoph- 
ical moralists and regenerators of the human race, is to attack 
the agency through which religion and Christianity are adminis- 
tered to man. But in this there is nothing new or original. 
We find the same mode of attack and remark in Paine's ' Age 
of Reason.' We find the same view in Volney's 'Ruins of 
Empires.' * * * 

"But this objection to the multitude and differences of sects 
is but the old story, the infidel argument. It is notorious that 
there are certain great religious truths which are admitted and 
believed by all Christians. All believe in the existence of a 
God. All believe in the immortality of the soul. All believe 
in the responsibility, in another world, for our conduct in this. 
All believe in the divine authority of the New Testament. Dr. 
Paley says that a single word from the New Testament shuts up 
the mouth of human questioning, and excludes all human reas- 



IN PUBLIC SCHOOLS. 143 

oning. And cannot all these great truths be taught to children 
without their minds being perplexed with clashing doctrines 
and sectarian controversies ? Most certainly they can. 

" But, it is asked, what could Mr. Girard have done ? He 
could have done as has been done in Lombardy by the Emperor 
of Austria, as my learned friend has informed us, where, on a 
large scale, the principle is established of teaching the elemen- 
tary principles of the Christian religion, of enforcing human 
duties by divine obligations, and carefully abstaining in all 
cases from interfering with sects or the inculcation of sectarian 
doctrines. How have they done in the schools of New Eng* 
land ? There, as far as I am acquainted with them, the great 
elements of Christian truth are taught in every school. The 
Scriptures are read, their authority taught and enforced, their 
evidences explained, and prayers usually offered. 

" The truth is, that those who really value Christianity, and 
believe in its importance, not only to the spiritual welfare of 
man, but to the safety and prosperity of human society, rejoice 
that in its revelations and its teachings there is so much which 
mounts above controversy, and stands on universal acknowledge- 
ment. While many things about it are disputed or are dark, 
they still plainly see its foundation and its main pillars; and 
they behold in it a sacred structure, rising up to the Heavens. 
They wish its general principles, and all its great truths, to be 
spread over the whole earth. But those who do not value 
Christianity, nor believe in its importance to society or individ- 
uals, cavil about sects and schisms, and ring monotonous 
changes upon the shallow and so often refuted objections found- 
ed on alleged variety of discordant creeds and clashing doc- 
trines." 

" We scruple not to say here," says Barnard's American 
Journal of Education, "that our pupils are young immortals, 
and we realize our duty to them in this important aspect. We 
open our schools with the reading of a passage of Scripture 
without note or comment, and we invoke the blessing of God at 
the commencement of each day upon the duties and labors of 
the day before us. It is done solemnly and seriously, and not 
as an unmeaning service. Nor do we hesitate to use the general 
precepts of religion in moral instruction; but not by a word or 
act, or even by implication, is one attempt made to inveigle or 
decoy any pupil into the meshes of any denominational net, or 
to carry the citadel of any heart for an external form, or a sec- 
tarian creed. We believe that education can never be complete 
without the culture of the heart. We know of no truth like 
Bible truth, no power like Bible power, for this purpose. We 



144 MORAL AND RELIGIOUS INSTRUCTION 

avoid, with the most scrupulous care, the propagation of anj 
sectarian view, but if we wish a golden rule, ' All things what- 
soever ye would that men should do to you, do ye even so to 
them,' we hesitate not to adopt it because it is m the Bible, or 
because the sublime precept first fell from the lips of the Re- 
deemer of man. Nor do we hesitate to go to the Bible for those 
fundamental truths that lie at the foundation of all correct phi- 
losophy, and which can be derived from no other source with 
equal clearness, some of them from no other source at all, as the 
creation of the world, the Bible view of which alone can set at 
rest all questions on the subject of cosmogony. It is general 
truth, simple moral truth, as it affects our relations with and to 
our fellow-men, and simple religious truth, as it affects our rela- 
tions to God, not controversial or controverted points, that we 
feel at perfect liberty to use and inculcate, because they are in 
consistency with the views of all sects. It is what may lead 
our pupils, when they grow up, to be thoughtful and examine for 
themselves their duties to God and man in their broadest sense. 
Let us take care that in our horror of sectarianism, we do not 
lose sight of the fact admitted by all sects, that the God of our 
Bible is the God of our nation, acknowledged in its foundation, 
acknowledged hitherto in its progress and in its rising glory. 
Let us not, from a dread of sectarianism, induce Him to spread 
his sheltering wing, and take his flight forever from our public 
institutions. Disastrous indeed, fatally disastrous, would such 
withdrawal be. We have no greater evil as a nation to fear." 

Nearly all our Legislative Assemblies, and successive sessions 
of Congress, have, from Colonial days to the present, so far 
recognized a superintending Providence as to open their daily 
sessions with prayer. What could be more befitting both 
teacher and scholars, in their arduous and important avocations, 
than to unite, at the commencement of their daily toils, in read- 
ing a portion of the Sacred Scriptures, repeating the memorable 
praj'er of our Lord and Saviour, or otherwise humbly invoking 
the blessings of the Most Hio;h. 

"At the meeting of the first Congress," says Webster, "there 
was a doubt in the minds of many of the propriety of opening 
the session with prayer: and the reason assigned was, as here, 
the great diversity of opinion and religious belief. At length 
Mr. Samuel Adams, with his gray hairs hanging about his 
shoulders, and with an impressive venerableness now seldom to 
be met with, (I suppose owing to the difference of habits,) rose 
in that assembly, and, with the air of a perfect Puritan, said 
that it did not become men, professing to be Christian men, who 
had come together for solemn deliberation, in the hour of their 
extremity, to say that there was so wide a difference ia their 



IN PUBLIC SCHOOLS. 145 

religious belief, and they could not, as one man, bow the knee 
in prayer to the Almighty, whose advice and assistance they 
hoped to obtain. Independent as he was, and an enemy to all 
prelacy as he was known to be, he moved that the Rev. Mr. 
DucHE, of the Episcopal Church, should address the Throne of 
Grace in prayer. 

^ ' And John Adams, in a letter to his wife, says that he never 
saw a more moving spectacle. Mr. Duche read the Episcopal 
service of the Church of England, and thenj as if moved by the 
occasion, he broke out into extemporaneous prayer. And those 
men, who were then about to resort to force to obtain their 
rights, were moved to tears; and floods of tears, Mr. Adams 
says, ran down the cheeks of the pacific Quakers who formed 
part of that most interesting assembly. Depend upon it, where 
there is a spirit of Christianity, there is a Spirit which rises 
above forms, above ceremonies, independent of sect or creed, 
and the controversies of clashing doctrines." 

How replete with practical wisdom and good sense were the 
remarks of the illustrious Franklin, in the Federal Conventiom 
for the formation of our Constitution, pleading for prayer at the 
opening of each daily session. " Groping, as it were, in the 
dark," said Franklin, "to find political truth, and scarce able 
to distinguish it when presented to us, how has it happened, 
Sir, that we have not hitherto once thought of humbly applying 
to the Father of Lights, to illuminate our understandings? la 
the beginning of- the contest with Great Britain, when we were 
sensible of danger, we had daily prayer in this room for the 
Divine protection. Our prayers. Sir, were heard, and thej 
were graciously answered. All of us who were engaged in the 
struggle must have observed frequent instances of a superintend- 
ing Providence in our favor. To that kind Providence we owe 
this happy opportunity of consulting in peace on the means of 
establishing our future national felicity. And have we now for- 
gotten that powerful friend ? Or do we imagine that we n& 
longer need his assistance ? I have lived. Sir, a long time, ao-^J i 
the longer I live, the more convincing proofs I see of this i-^utli ub 
— that Grod governs in the affairs of men.^' ^ ^^^l 

It will be recollected that General Taylor, during his Pre^^'f.nn 
dency, recommended a day of humiliation, fasting and prayjer^odj 
on account of that dreadful scourage, the cholera, that .t|l^¥,^j^ 
prevailed so extensively and fatally in onr land. It is,^w.^),„',,j 
known, that the scourge ceased almost instantaneouslyirofteBioa 
the observance of the day of prayer, as did the tempest^om'lh^o*.'* 
sea of Gennesareth when the audible voice of God coi^:^l^i(i<|||^J(,^ 
"Peace — be still !" ay-i'i oil) ot §iiic 

In discussing a subject of th's character, many 'j'^bejj'^^fr'^s 



146 I .*^IORAL AND RELIGIOUS INSTRUCTION 

authorities might f^sily be cited in favor of the use of the 
Bible, and of moraii ^"^^ religious instruction in public schools, 
and of the peculiar |, I'f^prietj of opening their dailj sessions 
with prajer—and all tk^s> without necessarily having the Jeasb 
connection with scctariam's™. Enough, I trust, on these points 
has already been adduce^A.- With the weighty opinion of & 
Washington, a Franklin^ afi Adams, a Jefferson, a Burkb, 
a Brougham, a Webster, a. Stowe, and a Mann, among Prot- 
estants, and of a GuizoT, a WysE and a Mellleur among the 
enlightened educators of Catholic countries, together with the 
almost universal experience of this country, and my own per- 
sonal observation of nearly forty years, lam unwilling to believe 
that any other than the happiest results would be likely to follow 
a discreet, un-sectarism use of the Bible in public schools, tho 
inculcation of moral duties and obMgations, and the opening of 
daily sessions of school with prayer. 

A recognition of God as ruling in the affairs of men is sub- 
stantially found in the Declaration of Independence, in tho 
Constitution of the United States, and the Constitution of Wis- 
consin.* Christianity is everywhere incorporated in the law of 

* The Boston Investigator, the avowed orphan and exponpnt of the Free 
Thinkers of this country, has charged me with making; a "false statement" 
in asserting that "a recognition of tJod. as ruling in the aff.iirs of mec, is sub- 
stantially found in the Declar.ition of Independence, in the Constitution of tho 
United Btiites, and the Constitution of Wisconsin." The signers of the immor- 
tal Declaration of Independence expressed in that instrument their "firm 
reliance on the protection of Divine Providence;" and the Constitution of this 
St «te commences with the declaration, '* We, the people of Wisconsin, grateful 
to God for our freedom," &c. So far, then, as these two State papers are 
concerned, they not only substantvtlhj but positively^ recognize God as ruling 
in the affairs of men. I was fully aware of this when I penned the sentence 
that the Boston Investigator now so boldly denies: and as the Constitution of the 
United States was less explicit, I made the qualification that such recognition 
is •' substantialh/ found" in those three State papers. In two of them, the re- 
cognition is positive; in the other tho "■substance''^ is found, as I shall proceed 
to show. 

While the word "God" is not expressed in the Constitution of the United 
f't'^tes. yet twice in that instrument are oaths or affirmations provided — tho 
rresMent being rerpiired to ••solemnlij suenr^' that he will fiilhfuUy perform tho 
duties u' his office and preserve, protect, an I defend the Constitution ; and 
the Scnato.s ,111,1 Representatives in Congress, members of the several State 
Legisl itures, und all executive and judicial officers, both of the United States 
and of the sevei-a\ States, ''shall be bound by oath or affirmation, to support 
the Constitution " 

What, then, is the navvire of an oath? Daniel WEiJSTEU,thp great expounder 
of the Constitution, declirvcs. that " We hold life, liberty, and property in this 
country upon a system of vMis; oaths founded on a religious lieliet of somo 
sort. And that system Avhich \'ould strike away the great substratum, ilestroy 
the safe possession of life, liberty, rtt\d pioperty", destroy all the insti'utions of 
civil society, cannot and will not be coh>idered us entitled to the protecion of a 
court of eqiii'y." Judge Sioiiy. in his Commentaries on the Consli'ution, refer- 
ring to (he President's oath of office, observes: '• it is a suitable pledge of his 
fi lelily and respoiisiliility to his country; and creates upon his concience a deep 
sense of duty. Ijij an anjjcal at once, in tl-e prexmre of Gon and man, to the most 
sacred and solemn sanctions which can operate on the human viind.'' 



IN PUBLIC SCHOOLS. 147 

the land. Ifc is recognized by Congress and by State Legisla- 
tures, and by the laws they enact, as well as by all our Courts of 
Judicature. The recognition of the Christian Sabbath, and of 
the religious obligations of oaths, the incorporation of so many 
of the laAvs of God, as recorded in the Bible, into the funda- 
mental laws of the land, and the universal respect pa.d to relig- 
ion and religious observances, all tend to prove that the silent, 
yet all-powerful influences of Christianity are indissolubly inter- 
woven in our laws and pervade all classes of society. That 
God governs in the affairs of meii, was the deep conviction of 
the eminent philosopher, Franklin ; and in every thoughtful 
human heart there is an intuitive acquiescence in the truth of 
this profound remark. 

Wasuinqton presided over the Constitutional Convention, and when the oath 
of office as President was administered to him by Chancellor Livingston in 
1789, he declared in his inaugural address, that -it would be peculiarly improp- 
er to omit, in this first official act, my fervent supplications to that Almighty 
Being who rules over the universe — who presides in the councils of nations — 
and whose providential aids can supply every human defect, that His benedic- 
tion may consecrate to the liberties and happiness of the people of the United 
States, a government instituted by themselves for these essential purposes; 
and may enable every instrument employed in its administration to execute 
with success the functions allotted to his charge. In tendering this homage to 
the Great Author of every public and private good, I assure myself that ifc 
expresses your sentiments not less than my own; nor those of my fellow citizens 
at large, less than either. No people can be bound to acknowledge and adore 
the invisible hand which conducts the affiirs of men, more than the people of 
the United States. Every step by which they have advanced to the character 
of an independent nation, seems to have been distinguished by some token of 
providential agency; and in the important revolution just aicomplished, in the 
system of their united government, the tranquil deliberations, and voluntary 
consent of so many distinct communities, from which the event has resulted, 
cannot be compared with the means by which most governments have been 
established, without some return of pious gratitude, along with an humble an- 
ticipation of the future blessings which the pa-1; seem to pres ige. 'i hese 
reflections, arising out of the present crisis, have forced themselves too strongly 
on my mind to be suppressed." 

President Madison, who is regarded as the Father of the Constitution, and 
was the master-spirit of the Convention which formed it, observes in his first; 
inaugural address, '■ We have all been encouraged to feel the guardianship and 
guid ince of that Almighty Bking, whose power regulates the destiny of 
nations, whose bles.sings have been so coiispicuoisly dispensed to this rising 
Republic." Jefferson, in his first inaugural .address, " acknowledged and 
adored an over-ruling Providence" in the affiirs of men. 

The Constitution of the United States recognizes God as ruling in the affairs 
of men. by the si)lemn oaths of office which it imposes; sanciioiicd by Wash- 
ington, Franklin and Mauison, who were members of the Convention wiiich 
framed it: sanctioned hy every successive President taking that solemn oath, 
administered upon the hibie; sanctioned by all the Prcsidt^n^s, in their inaugu- 
ral addresses and annual messages; and further sanctioned by the interpreta- 
tions of all our great consdtution il expounders;. The f'onstitution farthennore, 
nt its close, recognizes ••our Lord" in recording the )neiiiora|3le year of ita 
formation. Thus, it will be seen, that there is substantially a recognition of 
God, as ruling in the affiirs of men, in the peclarition of Independence, tho 
Constitution of the United ijtates, and the Constitution of Wisconsin. 

L. C. D. 



148 MORAL AND RELIGIOUS INSTRUCTION 

" There is nothing," says Webster, "that we look for with 
more certainty than this general principle, that Christianity is 
part of the law of the land. This was the case among the Pu- 
ritans of New England, the Episcopalians of the Southern 
States, the Pennsylvania Quakers, the Baptists, the mass of the 
followers of Whitfield and Wesley, and the Presbyterians; all 
brought and all adopted this great truth, and all have sustained 
it. And where there is any religious sentiment among men at 
all, this sentiment incorporates itself with the law. Everything 
declares it. The massive cathedral of the Catholic; the Epis- 
copalian church, with its lofty spire pointing heavenward; the 
plain temple of the Quaker; the log church of the hardy pio- 
neer of the wilderness; the mementoes and the memorials 
around and about us; the consecrated grave-yards, their tomb- 
stones and epitaps, their silent vaults, their mouldering con- 
tents; all attest it. The dead prove it as well as the living. 
The generation that are gone before speak to it, and pronounce 
it from the tomb. We feel it. All, all proclaim that Christi- 
anity, general, tolerant Christianity, Christianity independent 
of sects and parties, that Christianity to which the sword and 
fagot are unknown, general, tolerant Christianity, is the law of 
the land." 

If it be true, then, that Christianity pervades all the ramifi- 
cations of society, why should we wish alone to exclude it from 
the nurseries of education ? It has been decided by the Vice 
Chancellor, in the highest court of England, that " Courts of 

EQUITY, IN THIS COUNTRY, WILL NOT SANCTION ANY SYSTEM OF 
EDUCATION IN W^HICH RELIGION IS NOT INCLUDED." FrANKLIN 

said to Paine, when advising against the publication of one of 
his infidel works, ^^ Don't unchain the tiger! If men are so 
bad with all the restraining influences of the Christian religion, 
what would they be without them !"* Jefferson remarked to 
Webster, "Burke never uttered a more important truth, than 
when he exclaimed that a religious education was the cheapest 
defense of nations." A prominent secular newspaper of our 
country, the New York Courier c^' JSnquirer,i ecent]y remarked: 
" It will not bo denied by any man, whether religious or other- 
wise, that the effect of personal religion upon the individual — 

* The Boston Tnveistigator^ in its strictures on this Circular, has seen fit to us& 
this language: "The man who has the effrontery to assert, as he does, in the- 
Circular of which we are speaking, that Franklin wrote against one of Paine'^ 
■works which was not commenced until after the former was dead more than 
three years, willj^not be likely to be more magnanimous than intelligent." It 
is, nevertheless, "in the highest degree probable," as Jared Sparks observes, 
that Paink submitted to Franklin a deistical manuscript as early as about 
1787; and Franklin's reply contains not only what I have quoted, but much 
more quite as pointed and significant. See Sparks' edition of the Works qf 
Franklin, vol. x. p. 281, 282. L. C. D. . 



IN PUBLIC SCHOOLS. 149 

and, as a necessary result, upon society, wliich is but an aggega- 
tion of individuals — is iu the highest degree happy, important 
and desirable. In the allaying of unruly passions, the ameli- 
oration of selfishness, the uprooting of immorality and vice, the 
security of life and property, the steadying of trade, the in- 
crease of industry — all these upon motives far higher and more 
reliable than any mercenary ones — its advantages are palpable, 
and are admitted on every side." 

Shall it ever be deemed a sacrilege — a desecration of the noble 
and holy purposes of education — a blighting injury to the morals 
of our "beloved children, to permit the teachers in the public 
schools of Wisconsin to read a portion of the Sacred Scriptures, 
offer a prayer invoking the blessing of God upon their labors 
and the efforts of the childreii committed to their charge, or re- 
peat the Lord's Prayer, all beautiful, as it is, in its simplicity 
and adaptation to the wants of all; or impress upon their young 
and susceptible minds those incomparable teachings, derived 
from the Bible, touching their moral duties to their parents, to 
each other, to society and to God ? I confess I cannot conceive 
how there could be any reasonable objection, any possible harm, 
in all this — untinctured with sectarianism as it would and should 
be; but, on the contrary, enduring good, in my opinion, would 
be the inevitable consequence. 

There could be no more beautiful spectacle, none more truly 
ennobling, than a teacher inculcating and enforcing moral duties 
upon the young — love to parents, brothers, sisters, companions 
— love to the race of man, and love to the Giver of all good; 
love of country, truth, honesty and virtue — charity to the poor 
and unfortunate, and kindness to the brute creation; — in a word, 
pressing upon their attention those foundation principles which 
alone can make them good children, good men, good women, and 
good citizens. And such instructions can be imparted by the 
judicious teacher at suitable opportunities, without ever for a 
moment trenching on sectarian peculiarities. 

Such is the abiding conviction, and such the practices of the 
civilized world. I am sure that the people of Wisconsin, who 
are generally conceded to possess as much virtue and intelli- 
gence as the citizens of any of their sister States, would never 
consent to utterly banish the Bible from their schools, and thus 
virtually repudiate its unequalled teachings of virtue and mo- 
rality as unfit for the instruction and gaidance of the children 
of their love — children who, at no distant day, must become the 
rulers and law-givers of the State, and the custodians of all that 
we now hold dear and sacred, our homes, our country, Christi- 
anity and the Bible. 

I would not force the attendance of scholars, against their 



160 MORAL AND RELIGIOUS INSTRUCTION 

parents' or guardi.ans' "will, on the exercises of reading the 
Scriptures and offering prayer. The conscientious scruples of 
men arc always deserving of respect; and no School Board, or 
liberal community, would Avisli to he arbitiary or overbearing in 
matters of conscience. In all such differences of opinion, there 
are necessarily two parties, and each have their rights; and 
these shoulil be equally respected, so far as it is possible to do 
so. Where there arc any honest objections to such exercises — 
and the School Board should be the judge in such cases — then 
it might be a ivisable to have these exercises conducted a little 
before the regular hour for opening the school, as I learn has 
been the case in the Watertown schools, or if in school hours, 
that such scholars might be permitted to retire; so that the 
children and wards of parents and guardians conscientiously 
objecting to their attendance on these exercises, might not be 
compelled to be present. 

If a majority ol the School Board prefer to have the common 
version of the Bible read in school, it is their right to claim 
their preference; if a majority prefer to have Douay or Catholic 
edition read, it is their equal right to have it — but, in a matter 
of this kind, the Board in fairness and justness should faithfully 
represent the wishes of the district. But let the Bible be read» 
whatever bo the version, reverently and impressively, and the 
blessing of the God ot the Bible will never fail to attend it. 

If the teacher sees proper, with the consent or approval of 
the School Board, to make remarks to his school of a moral 
character and application, he should be extremely cautious, and 
not travel out of his way to lug in anything that could, even by 
the most fastidious, be construed into a sectarian tendency. 
Such conduct would be bigoted, uncalled for, and unjustifiable 
— a direct infringement of the Constitution, and a violation of 
all confidence reposed by the district in the judgment and pro- 
priety of the teacher; and would, in my opinion, be sufficient 
cause for his dismissal. 

Thousands and tens of thousands of judicious teachers, in the 
Old ^V^orld and the New, constantly impart moral instruction to 
their pupils, without ever once obtruding, or desiring to obtrude, 
their views or opinions upon religious tenets or sectarian differ- 
ences. I should have no fear of any such narrow-minded obtru- 
sions, and violation of good faith, in the teachers of Wisconsin; 
while, on the other hand, to carry out the true spirit of moral 
instruction, on all suitable occasions, devoid of all sectarian 
tendencies, would, beyond all question, make the most enduring 
"beneficial impressions. It would be folly, nay worse than folly, 
to say that no moral instruction whatever should be given in our 
public schools. It is done every day, in every school of the 



IN PUBLIC SCHOOLS. 151 

land — for nearly every text-book, from the primary reader to 
the higher works oil philosophy, geology, a.n(l intellectual science, 
convey very properly more or less moral instruction, a^nd none 
think of branding them as sectarian. 

But, you may ask, may not a majority of the School Board, 
if they see fit, utterly refuse to tolerate the Bible, prayer, and 
moral instruction in the public school ? We might obstinately 
and insanely refuse food for our perishing bodies, as -well as for 
our craving immortal minds, but we should only spite and injure 
ourselves by so rash and suicidal an act. I have no doubt the 
Board might legally thrust the Bible from the school-house, and 
stifle the voice of prayer, for these are not among the studies 
especially prescribed by law; but they may very properly be re- 
garded as among the "such other branches of education as may 
be determined upon by the Board," as the law allows, if the 
Board think pro[ier to include them. The District Board, too, 
under the advice of the iSuperintendent of Public Instruction, 
have power to determine the text-books to be used; and I should 
ever feel bound to regard with special favor the use of the Bible 
in public schools, a pre-eminently first in importance among 
text-books for teaching the noblest principles of virtue, morality, 
patriotism, and good order — love and reverence to God — charity 
and good will to man. 

LYMAN C. DRAPER, 

State Superintendent. 



APPENDIX. 



APPENDIX. 



FORMS FOR* THE USE OF OFFICERS. 



No. 1. 



Form of notice, to be given by the Town Superintendent to the Town Clerk, of 
the formation of a new school district. 

To the Town Clerk of the Toivn of ■ 



I have this day formed a new school district in the town of 
to be called "School District No. — of ," of which 



the following is a description: 

[Here mention the sections and parts of sections, or other sub- 
divisions of which such district is composed, or describe tho 

boundary.] Such formation will take efiect on, the day of 

^ , 18-. 

Dated this day of , 18 — 

[Signed.] ^ A. B. 
Town tiuperinteyident of Schools of the Town of •. 



No. 2. 

Form of notice, to be given by the Town Superintendents to the Town Clerks, 
of the formation of joint school district. 



To the Town Clerk of the Town of ; 

We have this day formed a new joint school district, composed 

of parts of the towns of and , to be called "Joint 

School District No. of and ," of which the fol- 
lowing is the description: 

[Here mention the sections and parts of sections, or other sub- 
divisions of which the district is composed, or describe boundary.] 

Such formation will take effect on the day of , 18 — . 

Dated this day of , 18 — . 

[Signed.] A. B. 

Town Superintendent of Schools of the town of . 

E. F. 
Town Superintendent of Schools of the town of . 

NoTTC. — In case the district is composed of parts of more than two towns, of' 
tourse the form must be changed to correspond, and the notice given to the 
Clerk of each town in which any part of the district so formed is situated. 

20 



156 FORMS. 

No. 3. 

Form of Notice of the first meeting of a School District, to be delivered by the 
Town Superintendent to a taxable inhabitant of the district. 

To A. B. taxable inhabitant of School District No. — of . 

The Town Superintendent of Schools of the town of , 

having formed, on the day of ■ , 18 — , a new district in 

said town, called "School District No. — , of ," of which 

the following is a description: [^Here describe the district as in 
Form No. 1.] You are hereby directed to notify every qualified 
voter of said district to attend the first meeting thereof, which is 

hereby appointed to be held at the house pt , in said district, 

on the day of , 18 — , at o'clock in the noon, 

by reading this notice in the hearing of each such voter, or in 
case of absence from his place of residence, by leaving thereat a 
written notice of the time and place of such meeting, at least 
five days before the time appointed for such meeting. 

Dated at , this day of , 18 — . 

[Signed,] A. B. 

Town Superintendent of Schools of the town of . 

Note. — If it is a joint district, the notice must be signed by the Superintend- 
ent of each town in which any part of the district lies. 



No. 4. 

Form of Notice of first meeting to be left at the residence of a voter when 

absent. 

To A. B.:— 

By direction of the Town Superintendent of the town of , 

you are hereby notified that the first meeting of school district 

No. , of , recently formed, will be held at the house of 

, in said district, on the • day of , 18 — , at 

o'clock in the noon. Your attendance is requested. 

Dated this day of , 18 — . 

[Signed,] G. H. ^ 

Person appointed to give notice. 



No. 5. 



Form of Return to be indorsed upon notice received from Town Superintendent 
on the formation of a School District. 

I hereby certify that I have notified the following named per- 
sons \^Here give the names in full,'] personally, and the following 
named persons [^Here insert names,] by copy, according to the 
direction of the within notice. 

Dated this day of , 18 — . 

[Signed,] G.B.. 

Person appointed to give notice. 



FORMS. 167 

No. 6. 

Form of Notice of a meeting of a School District, to be delivered by the Town 
Superintendent, to a taxable inhabitant, in case there is no officer to call a 
meeting. 

To A. B., a taxable inhabitant of school district No, — o/i : 

You are hereby directed to notify every qualified voter of 

school district No. — ■ — , of , to attend a meeting thereof, 

which is hereby appointed to be held at the house of , in 

said district, on the day of , 18 — , at o'clock in 

the noon, by reading this notice in the hearing of each such 

voter, or, in case of absence from his place of residence, by leav- 
ing thereat a written notice of the time and place of such meet- 
ing, at least five days before the appointed time for such meet- 
ing. The following is a description of said district: \^Here de- 
scribe the district as in Form No. 1.] 

Dated this day of , 18 — . 

[Signed,] A. B. 

Town Superintendent of Schools of the town of . 

No. 7. 

Form of acceptance of office by District Officers, to be filed with the District 

Clerk. 

I hereby signify my acceptance of the office of of school 

district No. , in the town of , to which I have been 

elected. [Or if appointed, say, "to which Ihave been appoint- 
ed to fill a vacancy."] 

Dated this day of , 18 — . 

[Signed,] G. H. 

No. 8. 

Form of Notice of Annual District Meeting. 
Notice is hereby given to the qualified electors of school dis- 
trict No. , of the town of , that the annual meeting of 

said district for the election of officers and the transaction of 

other business, will be held at , on the last Monday, being 

the day of September, at 6 o'clock in the afternoon, [unless 

some other hour ivas determined upon by the district at the pre- 
vious annual meeting."] 

Dated this day of 18 — . 

[Signed,] 0. D. 

District Clerk. 



No. 9. 

Form of Notice of Special District Meeting. 
Notice is hereby given to the qualified electors of school dis- 
trict No. , in the town of , that a special meeting of 



158 ■ FORMS. 

Baicl district will be held at , on the day of , 18 — 

at — o'clock in the noon, for the following objects: [^Rere 

particularly specific each item of business to be acted upon.^ 

Dated this day of — — , 18 — . 

• [Signed,] C. D. 

District Clerk. 



No. 10. 



Form of Notice for an Adjourned District Meeting, when such meeting ha« 
been adjourned for a longer period than one month. 

Notice is hereby given, that a meeting of the qualified electors 

of school district No. in the town of , will be held afc 

, in said district, on the ■ day of , 18 — , at 

o'clock in the afternoon, pursuant to adjournment. 

Dated this day of , 18 — . 

[Signed,] C. D. 

District Clerk. 

Note. — The foregoing notices must be posted in four prominent places in the 
district, one of which shall be the outer door of the school house, whenever 
there is one in the district. 



No. 11. 



Form of Certificate to be given by the Town Superintendent in cases where a 
larger sum than $500 is necessary to build a School House. 

I hereby certify that it is my opinion that the sum of 



dollars should be raised in school district No. of the town 

of , for the purpose of building [hiring or purchasing^ a 

school house for said district. 

Dated this day of , 18 — . 

[Signed,] * A. B., 

Town Superintendent of Schools of the town of . 

Note. — In case of a joint district, the certificate should be made and signed 
by a majority of the Superintendents of the towns in which such district ij 
situated. 



No. 12. 



Form of Notice to be given by the Clerk of a District School Meeting, to the 
Officers elect who were not present at the meeting. 

To ; 

You are hereby notified that at a meeting of school district 

No. — in the town of , held on the — day of , 18 — , 

you were duly elected of said district. 

Dated this — day of , 18 — . 

[Signed,] C. D., 

Clerk of said Meeting. 

NoTK. — This notice is required to be given within five d;iys after the meeting 
and only to those perions elected who were not present at the time. 



FORMS. 159 

No. 13. 

Form of Refusal to accept District Office, to be filed vritli the Clerk of the 

district. 

To the Clerk of school district Ho. — in the town of- 



You are hereby notified of my refusal to accept the office of 
— , to which I was elected at the meeting of said district 



held on the day of , 18 — . 

Dated this — day of , 18 — , 

[Signed,] G. n. 

Note. — This notice of refusal must be filed within ten days after the election, 
or the person will be deemed to have accepted the office, and be liable to fine 
for non-performance of duty. 



No. J4. 

Form of Order on Treasurer for Moneys to be disbursed by School District. 
To A. B.f Treasurer of School District No. in the town 

of : 

Please pay to , the sum of dollars out of 

any money in your hands, not appropriated, belonging to said 
district. 

Dated this day of , 18—. 

[Signed,] C. D., District Cleric. 

G. H., Director. 



No. 15. 

Form of Annual Report to be submitted by the District Treasurer to Annual 

Meeting. 

I, A. B., Treasurer of school district No. in town of 

, submit the following report to the annual meeting of said 

district, of all moneys received and disbursed by me since the 
last annual meeting: 

Amount received from my predecessor, - - $10 00 

. « " " Town Superintendent, - 75 00 

" raised by tax in district, and received, - 300 00 

Total received, ... - $.385 00 

I have paid out, 

On order of District Clerk, Dec. 3d, 18— ,$20 00 

" do do Jan. 10th, 18— 40 uO 

" do do Feb. 1st, 18— 10 00 

" do do " 27th, 18— 55 00 

« do do May 10th, 18—, 80 00 

« do do June 11th, 18— ,170 00 



$375 00 



Leaving a balance on hand of - - - $10 00 



160 FORMS. . 

The taxes assessed upon the taxable property of the district 
during the year have been — 

For building a school house, - - . - $250 00 

« fuel, 10 00 

" blackboard, 5 00 

" outline maps, 15 00 

" teacher's wages, - - - - - 20 00 



$300 00 
All of which is respectfully submitted. 
Dated this — day of September, 18 — . 

[Signed,] _ ^ A, B., 

Treasurer of district No. — of the town of , 

Note. — The report should simply state the facts as required by law, and the 
aboYe form may be of some aid in arranging the items of the report. The final 
report of the Treasurer should show all the moneys which have come into his 
hands during the term of his office, with the total disbursements, and should be 
in the same form as his annual reports. 



No. 16. 

Form of Bond of District Treasurer to be filed with the District Clerk. 

Know all men by these presents, that we, E. F., Treasurer of 

school district number of the town of — — , and L. M., his 

surety, are held and firmly bound unto said school district in the 
sum of \Jiere insert a sum of double the amount to come into the 
Treasurer's hands as near as can be ascertained'] to be paid to 
the said school district, for the payment of which, well and truly 
to be made, we bind ourselves, our heirs, executors and admin- 
istrators, jointly and severally, firmly by these presents. Sealed 
with our seals, and dated this — day of ■ , A. D., 18 — . 

The condition of the above obligation is such that if the said 
E. F., Treasurer as aforesaid, shall faithfully discharge the 
duties of his oflfiee as Treasurer of said school district^ and shall 
well and truly pay over to the person or persons entitled thereto, 
upon the proper order therefor, all sums of money which shall 
come into his hands as Treasurer of said district, and shall, at 
the expiration of his term of office pay over to his successor in 
office all moneys in his hands remaining as Treasurer aforesaid, 
and shall deliver to his successor all books and papers whatever, 
appertaining to his said office, then this obligation shall be void, 
otherwise of full force and virtue. 
Signed, sealed and delivered in ) E. F. [seal] 

presence of R. S. V L. M. [seal] 

G. H. ^ 



FORMS. 161 

Form of Appi'oval to he endorsed on the Bond of Treasurer. 
We approve of the within bond and surety. 

[Signed, G. H. 

Director. 
C. D. 

Clerh. 
XoTE. — The same form of bond will answer for the Town Superintendent by 
making the proper changes, which will readily be noticed. 



No. 17. 

Form of Contract between District and Teacher. 
It is hereby agreed between school district number — of th^ 

town of , and L, M., a qualified teacher of the town o^ 

, that the said L. M. is to teach the common school o^ 

said district for the term of months, (counting 22 days as 

a month, excepting the usual holidays,) for the sum of 

dollars per [week or month as the case may be,'] commencing 

on the day of , 18 — , and for such services, properly 

rendered, the said district is to pay to the said L. M. the 
amount that may be due, according to this contract, on or before 

the day of , 18 — . 

Dated this day of , 18 — . 

[Signed,] C. D. ^ 

District Clerk. 
L. M. 

Teacher. 

Note. — The Director or Treasurer, or both, are to indorse this contract as 
follows: 

I \or we'] consent to the within contract. 

G. H., Director, or 

E. F., Treasurer, [or both.] 

No. 18. 

Form of Annual Report of the Clerk of a School District to Town Superin- 
tendent. 

Annual Report of the Clerk of School District No. , of the 

town of , for the year ending August 31st, 18 — . 

No. of male children residing in district over the age of 
four, and under the age of twenty years - - 26 

No. of female children residing in district over the age of 
four, and under the age of twenty years, - 24 

Total number of children residing in district over the age 

of four, and under the age of twenty years, - - 5® 

Note. — If a Joint District, be particular to return only the children in one 
town to one Town Superintendent, and those in the other to the other Town 
Superintendent. 

21 



163 FORMS. 

Ko. of children over four and under twenty years of age, 
who have attended school, 45 

No of children under four years of age who have attended 
school, 3 

No. of children over twenty years of age who have attend- 
ed school, ------ --4 

Total number who have attended school during the year, 52 
No. of months a school has been taught by Mr. , 

a qualified teacher, -4 

No. of months a school has been taught by Miss , 

a qualified teacher, 3 

Total number of months a school has been taught by a 

qualified teacher, -_-.___ 7 

Wages per month paid Mr. , - . . ^15 50 

Wages per month paid Miss , - - - - 8 50 

Aver.-ige number of months scholars over the age of four 
and under the age of twenty years, have attended 
school during the year, ...... Q 

Amount of school money received from the Town 

Superintendent within the year, - - $67 50 

Amount of lihrary money received from Town 

Superintendent within the year, - - 7 50 

Total am't received fi'om Town Superintendent, $75 00 

Amount raised by tax for teachers' wages, $20 00 

*' " " " fuel, - - 10 00 

" " " '' black-board and maps, 20 00 

« *' " " building school house,250 00 

" " " " library 'books, - 00 00 

\IIere state the amount raised for any other pur -^ 
pose alloived by law.~\ 

Total amount raised by tax during the year, 300 00 

Amount received from other sources, - 00 00 

Total amount in Treasury during the year, - - 375 00 

Amount expended for teachers' wages, 
" " " fuel, - 

" " " building school house, 

" " '• black board and maps, 

" " " library books, 

Total amount of expenditures, - - - 
Amount remaining unexpended. 



87 


50 


10 


00 


250 


00 


20 


00 


- 7 


50 


$375 00 


00 


00 




— $375 00 



Total amount of district debts at date of report, $8 50 
Amount due to district from unpaid taxes at date 
of report, - - - - - - 8 50 



FORMS.. 163 

Amount of library fines collected, - - - - $8 50 
Amount of library fines expended in repairing and 
replacing books, |3 00 

Amount of library fines unexpended, - - 50 

$3 50 

Whole number of volumes in library, - - 150 
« " purchased during the year, 12 

" " presented during the year, - 6 

" " loaned during the year, (counting 

eaeh volume one for each time it is loaned,) 120 

The text books used in schools are as follows: 
Spelling Boohs — National, McGuff'ey's 
Jieading Boohs — National, McGufFey's 
(xeography — JMonteith & McNally's, Warren's. 
Aritlimetic — Davies', Ray's. 

G-rammar — Greene's Elements of English Grammar, Clark's 
" McEUigott's Young Analyzer. 

School house, {state whether it is a log, brick, stone or framed,) 
Value of school house, - ... ^250 00 

Site (more or less) than one acre. 
Inclosed, or not inclosed. 
School has (o7ie) black-board. 
(One) set of outline maps. 

I hereby certify, that the above is a correct statement of the 
facts required to be reported; that a common school has been 
taught in this district, during the past year, for [seren] months, 
by a qualified teacher, and that the library regulations have been 
complied with. 

[Signed,] ^ C. D., 

Cle7'k of school district iVo. , 

of the toivn of . 

Dated at , September 1st, 18 — . 

NoTT!. — In a Joint District report the children in each part of the district to 
each Superintendent, and not the whole number to any one. Report also the 
amount of school money received from each superintendent to such Superin- 
tendent, and add the separate items together. The rest of the report should 
be the same for each Superintendent. 



164 



FORMS. 






5Si Q) 



't^ 






^.2 I 



o , , 



o 

o 



■^ Cm 






o 

o 

rX3 



o -^ 

o bC 



P5 s 



STUDIES AND REMARKS. 




•iBptJJ 




•jCBpsinqx 




■iCupganpa^ 




•Xcpsanj; | 




•yCi,>pnoj\[ 




•X'Bpjn^jBg 




•yftjpuj 




•ifTjpsjtiqx 




•^ispsanpsjii^ 




•Xupsanx 




•i!i3pnoj\[ 




•ifBpiJJ 




•ifTjpsjtiqi 




•jfTjpsanpaj^ 




■iCBpsanj, 




•^iipnoj/^ 




•ifl3pimT!g 




•iCupij^ 




•if^psjnqj, 




•^^psaapaj^ 




•j^Bpsanj; 




•A!t!pnoj\[ 




■aSy 









o 



o .2 '^ tri 



o .* 



^^^ "-§ c^ 

=S ;h a == S - 

£ a) o ^ cs .5 

" ^ to O) rr! 



tS OS 



a; 



ft 



5 :g V^=2 % 
05 ^ aj ?; S <i* 



bD^' 



s> u 
I " Is ^ •= 

O O u. S 



^ S-^ " g " 

■-S 2 g O ;.; ^ 
aj , o i> n 

32 '^ r M o 



aj aj 
OQ O 



.9 •* ■ 

^ ' "^ sS S •" 
• o OD g ajrO S 

5s^^ Is 

t , ci "J 53 oS^ 



tS'rtO cs 



CI c 



O o o 






to "p (3 oi iTl (^ 

.„ (d t, J3 OS ♦? 

^-^ • oo 'p 
^< OJ f^ 



o "5 






o<lS 



-cS o 



fl a ap , - S C 



,.o cS 



a 



c3 ^ 



s^ 2 E< 
-d o— ~ 



"•so 



, i " § 5 a .2 



FORMS. 165 

V '■- No. 20. 

Form of Statement of the Amount of Tazcs voted to be raised in a Scliool 
District, to be delivered by the District Clerk to the Town Clerk. 

To B. &'., Town Cleric of the Toivn of ; 

The amount of taxes voted to be raised in school district No. 
of the town of , at the last annual meeting of said dis- 
trict, held on the day of September, 18 — , is [_ivrite the 

amount in ivords'] dollars; which amount you are requested to 
assess upon the taxable property therein. 

The following is a list of the names of the persons and corpo- 
rations liable to a school district tax in said district: Eere 
insert the names of the persons and corporations.']. 

Bated this day of , 18 — . 

[Signed,] 0. D., 

Clerk of school district No. of the toivn of . 

■ Note.— If the district has been lately organized and a tax was voted at the 
first meeting, as well as at the annual meeting,_that should be stated, giving, 
however, the whole amount of tax voted to be raised. 

State of Wisconsin, ^ ng ' 

County of , ) 

C. D., being duly sworn, on oath says, that he is the Clerk of 

school district No. — of the town of , and that the above 

statement by him made of the amount of taxes voted to be raised 
in said school district, and the list of corporations liable to a 
school district tax therein, are true. 

[Signed,] ' C. D. 

Sworn to and subscribed before me this — day of , 18 — . 

[Signed,] J. P., 

Justice of the Peace. 



No. 21. 

Form of Statement of the amount of Taxes voted to be raised in a Joint Dis- 
trict, to be delivered to the Clerk of each Town in which any part of the 
District is sitviated. 

To R. S.y Toton Clerk of the town of ; 

The amount of taxes voted to be raised in joint school district 
No. — , of the towns of and , at the last annual meet- 
ing of said district, held on the — day of September, 18 — , is 
\write the amount in ivords] dollars ; and the proportion of that 
amount to be raised in that part of said district, which lies in 

the town of , is \%orite the amount in words] dollars, which 

you are requested to assess upon the taxable property therein. 

The following is a list of the names of the persons and cor- 
porations liable to a school district tax in that part of the dis- 



166 



FORMS, 



trict lying withiu the town of , [here insert the names of 

the persons and corporations .'\ 

[Signed,] C. D., 

Clerk of joint school district No. , 

of the towns of and . 

Note. —Attach aifidavit of the District Clerk similar to the ono given in 
Form No. 20. 



No. 22. 

f Form of Deed for the purchase of a School House site. 

Know all men by these presents, that A. B. (and 0. i?., his 

wife, if married,) of the town of , in the county of , 

in the State of Wisconsin, party of the first part, for and in 

consideration of the sum of dollars, to them in hand paid 

by the District Board of "School district No. , of the 

town of ," county of , and State aforesaid, the receipt 

whereof is hereby acknowledged, do hereby grant, bargain, sell, 
and convey to the said school district, party of the second part, 
and their assigns, the following described piece or parcel of 
land, namely: 

(Here insert description of land.) 
Together with all the privileges and appurtenances thereunto 
belonging. To have and to hold the same to the said party of 
the second part, and their assigns, forever; and the said party 
of the first part, for themselves, their heirs, executors and admin- 
istrators, do covenant, bargain and agree, to and with the said 
party of the second part, and their assigns, that at the time of 
the ensealing and delivery of these presents, they were well 
seized of the premises above conveyed, as of a good, sure, per- 
fect, absolute and indefeasible estate of inheritance in the law 
in fee simple, and that the said lands and premises are free from 
all incumbrances whatever; and that the above bargained prem- 
ises, in the quiet and peaceable possession of the said party of 
the second part, and their assigns, against all and every person 
or persons lawfully claiming, or to claim, the whole or any part 
thereof, the said party of the first part will forever warrant and 
defend. 

In witness whereof, the said A. B. and, C. B., his wife, party 
of the first part, have hereunto set their hands and seals, this 

day of , A. D. 18—. 

A. B. [seal.] 
Signed, sealed and delivered G. B. [seal]. 

in presence of E. F. ) 

G.H. \ 

Note. — Such deed should be duly acknowledged before a Notary Public, 
Justice of the Peace, or other officer authorized by law to take such aokaovrl- 
©dgment, and recorded in tho office of Register of Deeds for the county. 



FORMS. 167 

No. 23. 

« Form of a Lease, 

Know all men by these presents, that A. B., of the town of 

, in the county of , in the State of Wisconsin, of the 

first part, for the consideration herein mentioned, does hereby 

lease unto "School district No. of the town of ," 

county of , in the State aforesaid, party of the second part, 

and their assigns, the following described parcel of land: 

[Here insert description of land.'\ 
Together with all the privileges and appurtenances thereunto 
belonging: To have and to hold the same for and during the 

term of years from the day of , A. D. 18 — ; 

and the said party of the second part ibr themselves and their 
assigns, do covenant and agree to pay the said party of the first 

part for said premises the annual rent of dollars. 

In testimony whereof, the said parties have hereunto set their 

hands and seals, this day of , A. D. 18 — . 

A. B., Lessor, [seal] 

C. D., ) District Board of School 

E. ¥.,) District No. of the 

G. H., ) Town of . 



No. 24. 

Form of an Appointment to fill a vacancy in tlie District Board. 

To A. B.—: 

The office of {^OlerTc] of School District No. , of the 

town of , having become vacant, you are hereby appointed 

to fill such vacancy until the next annual meeting in said 
district. 

Dated this day of , 18 — . 

[Signed,] G-. H., Director. 

E.'F., Treasurer, 

Note. — It requires two of the Board to make an appointment. If they neg- 
lect, for ten days, to fill the vacancy, it must be done by the Town Superin- 
tendent, after the following form. In either case the appointment must be filed 
vith the District Clerk: 

To A. B.—: 

The office of {^Cleric] of school district No. — of the town of 

, having become vacant, and the District Board of said 

district having failed to fill the same within ten days, you are 
hereby appointed to fill such vacancy until the next annual 
meeting of said district. 

[Signed,] A. B., 

Town Superintendent of Schools of the Town of . 



168 



rOKMS. 









5^ 



CM 



. ^ 



o 
525 



O 



t^ 



•sasod 
-ind jsii^o joj papnadxa ijanoray 


^ 


•souBiqii joj popuadxa :}unorav 




s^i9jpv9j, JOJ papuadxa ^unoray 




•p9AT909.I 




-sip qoua pitid xbj^ tiM.ox ^nnoray 




-sip t[OBa piBd pnnj a^iJ^g ^nnorav 




•Mi^o'GO? oitiniaj JO q-jnoni jod soSwAV 




•jaqoTsa; oiboi jo i{:)iioni lad saScj^ 


* 


•j9qoBO) 
9{T;ra9j 13 £q ^qSnuij n99q 9ABq 
spoqog sq^noj^ jo "o^ 92i3J9Ay 


* 


•jaqoBa:} 
9Ii5ni B Xq !)q3tn3(> naaq aA'sq 
spoijog sq^noni jo -o^ 93T?J9Ay 


* 


•poqog p9pU9^ 
-aq uaapiiqD eq^noni -o^ aSujgAy 


* 


•SJTJS^ OS '18^.0 poqos Snipng^^t; -o^ 




■sj'B9jf fisp'i'^ loo^i'S Saipaa^^B -o^ 




•sjB9if OS "lapun 
pnB 1^ a9A0 ngjp^tqQ aiBinaj jo -o^ 




•saT39iC OS •lapun 
puB t "i^AO naipnqo ^I'^K JO -o^ 




•aSc JO SJt!9jf 
OS Jopan put' f .I9A0 '^oij^siq; 
qoB9 ni 3mpisaj uajp^iqg jo'-o^ 




U99q SBq looqog sqjnoni jo 'o^ 


* 


•nM.ox siqi ut si asnoji looqog 
aq^ qoiqM. jo spia:)si(i !»U!0f -o^ 




H 

M 

O 

;2: 


' • • 6 ^ 

. : : 12;- 

O ., „ =-5 "S 

.2" 



FORMS. 



169 



.9 

a 

o 



^ 
"t^ 






5^ 



^ 






si 

'1^ 



■p9pti8c[x8uiiifouoia ^CiujqiT; 






i ; -pepuadxaun satii^ S^xvJ.qi'j 




•p9pn9dx9 sanij iCfcaqiT; 







•papaixoo S3TIIJ .iCituqiq; 




•papnad 
-X9nn .ianotti ifiBiqii jo ijtinoniv 




•p9AT9a9.i ^Canoui ijT3jqiT; jo 'junoxay 




^"69^ siq:} pattBox s9niTi-[0A jo 'O^ 







•jBai siqi p9:ju9S9jd sauintoA jo -o^ 




•JB9iC siq^"p9SBT[0cind soumpA jo -o^ij 




•jfjBjqil m sainntoA jo 'onj 


1 

i 


•39U'G,iqiT; ^niop jo -ojyf 


1 

1 


•sau'Eaqi'i jo •ojj 







•sasnoji xooqog jo uoi^jutixba 




•S8Sod.rad 
j9Tj;o aoj pasrej xc^ jo ^junouty 




•sawBiqii joj XB'; Xq pasrej :}tmoray 







•s9!jTg puB sesnoH 
XOOTiog Jtoj XB^ ifq p9sre.i !)unoniy 




•39S'BAi 

^si9Tio'B9i, joj xis'i Xq pgsiuj; ^unoray 




•papuadxann Snint^raaj ^unoniy 




O 

M 

H 

P 

P4 
O 

d 

Iz; 


District No. 1 

&c. &u. 
Joint District No. 1 

&c. &c. 





'^ -B •§ 

< -^ -B 



:o 



3'^sz; 






^ 1 



so 



En -^J Sq 



^ S " -i^ 
p fl=^ 



;2;P ft 









:: ,y 



<2 Si 

3 rt 



■1 -t^ 



^ o 6- 



i^i^ 



22 



170 FORMS. 

No. 26. 

Form of a Certificate to be given to a Teacher. 
I do hereby certify, that I have thoroughly examined A. B.) 
and do believe that he {or she) is qualified in regard to moral 
character, learning, and ability to teach a common school. Thia 
certificate is to remain in force, unless sooner annulled, for one 
year from date, and is to bo of effect in this town only. 

Given under my hand this day of , A. D. 18 — . 

[Signed,] A. B., 
Town Superintendent of Schools for the Toivn of . 



No. 27. 

Form of Note aunulling a Teacher's Certificate. 

Having inquired into certain complaints against A. B., here- 
tofore licensed by certificate as a teacber of common schools in 

the town of , and being of the opinion that the said A. B. 

does not possess the requisite qualification as a teacher, in re- 
spect to moral character, (or "in respect to learning;" or "in 
respect to ability in teaching," as the case may be,) and having 
given at least ten days previous notice in writing, to said teacher, 
and to the District Board of the district in which said teacher 
is employed, of my intention so to do, I have annulled, and 
hereby do annul the said certificate and license, so granted as 
aforesaid. 

Given under my hand, this day of , 18 — . 

[Signed,] C. D., 
Town Superintendent of Schools for the totvn of . 



No. 28. 

Form of Notice to be given to District Clerk -when alteration of the boundariee 
of a District is contemplated. 

To C. D.J Clerk of school district No. — of the town of ; 

You will take notice that I shall be present at {here mention 

the place) on the day of , 18 — , at o'clock in the 

afternoon, to hear and decide upon certain proposed alterations 
of the boundaries of said school district. 

Dated this day of , 18 — . 

[Signed,] A. B., 
Town Superintendent of Schools of the town of . 

Note. — In case of a joint district, the Superintendent of the tovrn in which 
the school house is situated will give the notice required to the Clerk of that 
district; and each Superintendent will give notice to the Clerk of any district 
in his town to be affected by the proposed alteration. The Clerk will imme- 
diately notify the other members of the Board, by giving them a copy of tho 
notice served on him. 



FORMS. 171 

No. 29. 

Form of Notice of alteration of the boundaries of a School District, when the 
District Board refuse to give their consent. 

To 0. i>., Clerk of School District No. — of the town of : 

I have made an alteration in the boundaries of school district 
No. , of the town of , as is shown bj the following or- 
der by me made on the day of , 18 — . ^^Here copy 

ike order malcing the alteration,'] which will take effect three 
months from the filing of this notice. 

[Signed,] A. B., 
Town Superintendent of Schools of the town of . 

NOTB. — If the District Board indorse their consent upon the order making 
the alteration, no further notice need be given than to file the order, so indorsed, 
with the District Clerk. 



No. 30. 

Form of Order ot Town Superintendent in awarding proportion of value -of 
Property to new Disti-ict. 

To the District Board of school district No. — of the town of — .' 

Having formed a new school district, No. , of the town 

of , in part [or wholly) from the territory of your district, 

I have ascertained and determined the proportion of value of 
the school house and other property justly due to such new dis- 
trict from your district, retaining such school house and other 

property to be dollars. You are, therefore, to raise and 

collect by tax upon the taxable property of your district the 

said sum of dollars, and when collected pay the same to 

the Treasurer of said new district. 

Given under my hand, this day of , A. D. 18 — . 

A. B. 
Town Superintendent of Schools of the town of . 

No. 31. 

Form of Order altering the boundaries of a School District. 

It is hereby ordered and determined that the, (north half of 
£he north-east quarter of section No. ten, of town seven north, 

of range six west,) now a part of school district No. , of 

the town of , be, and hereby is taken from said school 

district, and attached to and made a part of school district No. 

, of said town, for all purposes whatsoever. 

This order will take effect on the day of , 18 — . 

Given under my hand this day of , 18. — . 

A.*B., 
Town Superintendent of Schools of the Town of . 

* NoTB. — The Board of each district affected by the alteration, should ©ndorso 
their consent on the order, as follows : 



172 FORMS. 

We hereby consent to the alteration made in school district 

No. , of the town of — , agreeably to the within order 

of the Town Superintendent of said town. 

Dated this day of , 18 — . 

G. H., Director, ) Of said school dis- 
E. F., Treasurer, > trictNo. — ^ of the 
C. D., Clerk, \ toivn of . 



No. 32. 

Form of Bond of Town Superintendent. 

Know all men by these presents, that we, A. B., Town Su- 
perintendent of schools of the town of , in the county of 

, and CD. and E. F., his sureties, are held and firmly 

Ibound unto the Chairman of Supervisors of said town, in the 
sum of \lie7'e insert double the amount of all school money to 
come into his hands during the term of his office,'] to the pay- 
ment of which sum well and truly to be made to the said Chair- 
man of Supervisors, we bind ourselves, our heirs, executors tind 
administrators, jointly and severally, firmly by these presents. 

Sealed with our seals, and dated this day of , A. 

D. 18— . 

The condition of this obligation is such, that if the said A. 

B., Town Superintendent of said town of , shall faithfully 

apply and legally disburse all school money that may come into 
his hands, according to law, as Town Superintendent of said 
town of , during the term of his office, and shall faith- 
fully discharge all the duties of his office, then this obligation 
shall be void, otherwise shall remain in full force and virtue. 

A. B., [l. s.] 
G. D., [L. s.] 
E. F., [L. s.] 
Signed, sealed and delivered in } 

presence of . ) 

Note. — Ttis bond should be endorsed as follows : 
I approve of the within bond and sureties. 
[Signed,] G. H., 

Ohairman of Supervisors of the Town of > 



FORMS. 



178 






q:juoni jcad saSuAV jo (jiinoin'B oSujoav 



9AT3q sxoonos sq^noia jo "o^ aSuJCOAy 



OA'Bq S[ooqos sq'^uora jo 'O^ aSuJOAy 



aSu JO sj.'bbI jf^nais.^ pm3 jnoj naoM^ 
-3q uaiptiqo sq^uora jo 'Oj^j aSt'jaAy 



•Xooqos pspuai^'B OA-cq oqM. asT? 
JO Sd'cai! if:}n9Av:j jsao uaapxjqD jo -©jsj 



•poqos papna^fjB aA'cq oqii a2x; 
JO BJ^a^ jnoj japan ttajpxiqo jo •oj*j 



• xooqos papuai 
-:}TJ OA'cq oqAV qSv jo sji3aX ^^uaiicj 
japnti put; anoj jaAO naapxiqo jo -o^ 



•asTj JO 
gj^aiC ^?u9Ai.:j .lapun puB jnoj jaAO 
TiAS.0^ ut Snipisaj tiajp][iqo jo 'o;^ IiJ^Jox 



■qSv jo siTjai! 
if^naM^ japnn put; anoj .laAO nAv.o^ 
m Snipisao: uajp^iqo oinraaj jo ■oij 



•ast! JO 
SJBa^ ^^uaAi.'j japnn puB jnoj jbao 
tiAiOi ui 2niptsa.i uajpxiqo a^T^ra jo -ojsj 



•^qfenij^ uaaq 
aA^q s[ooqos sqjuora jo o]^ aSBJSAV 



•spiJ^sip :jnio(' m sasnoq {ooqos jo "O^ 



• pa:}Joda.t fjon 
aATjq qoiqAV s)OTj:jsip jo s^j'Bd jo "o^ 



•spu'jsip JO s^j-ed JO '0^ 



•pa'jaodaa; cfon 
aA'eq qoiqii sioii^sip looqos jo "o^ 



•spu^sip tooqos JO '0^ 



<lp;oftWPHOW 



174 



FORMS. 



J>i 



ts 






■siooqos m 
pasn ;soni sJBtnaiT?aS jo Bjoqinu jo serac^ 




















•siooqois ni 
posn ^sora soijaran'jUTJ jo e.ioq^mj jo saral*^ 




•spoqos ui 
pasn jsora eajqdBaSoaS jo 8j;oi{?nB jo sauiBfj 




•siooqos UI p8sn 
qsora e5[ooq Sntpcoj jo saoqfnu jo' saratjjsi 




■siooqos ni posn 
%eQxa 8:^ooq Sninods ;o saoq!)nu jo souil'^j 




•sosodjnd joq-jo put; prj no popuod 
-X3 puB xv% £q posiBj Alouora jo 'junorav 




•sosnoq looqos uo popuod 
-xa puB xm iCq posiBj iCauota jo innoray 




•souTJjqii loi-nsip joj popuod 
-xo puB XB^ £c[ pasjBa ilau'oni jo ^unoray 




■saSuAi (SJoqoBO^ 
JOJ popuadxo puB XBj Xq posa'j ^anouiy 




•popnodxoun SnmiBuioj qunoray 




•sosodand 
.ioq;o Joj popuadxo Xouora ojiqnd jo junorav 




•sauiBjq 
-jl JOJ popuodxo iCauora ojiqnd jo "junoray 




•soSbm. 
^gJoqoBo; JOj piBd jCououi oiiqnd jo ?unoiny 




• pOAIOOO J XOUOUI JO '^UnOUI'B IB'JO J^ 




•saojnos joq^o uiojj poAiaoaj junoray 




•jojnsBajx 
UAvox UIO.TJ poAiaoaj Xauora jo fjunoray 




•JOjnsBOJX 
Auiioo ""-y paAtoDOJ Xauoia jo ■junomv 




i 

o 
m 

H 

s 

< 


< 


K 




P 


fa 


£c< 


rtj 


Wi- 


1^ 



FORMS. 



175 












-epTJOB TpTXS 3aipuoj^T3 siidtid p "o^ aSuaaAy 




•if^nnoD Q^} HI sairaaptioB pa^tjodjooui jo'o^ 




siootios ijons Smpuajju siidnd jo "o^ aScioAy 




•g3iui9pt?0B pa^L'aodaoout 
Vivr[% jaq'jo siootios a^uAud puB ;)03[os jo p^ 




•paptiadxsun song iCjBJtqji jo innoray 




• papnadia song jfats jqn jo qunoni y 




•pa^oano^ saag ifjBaqii jo ^unorav 




•jBai otn 3uunp paucoi S8inn[0A jo -ojsi 




•sauBjqji aq? nv m saranpA jo 'o^ 




•sauBjqjt ^uiofjo -o^ 




•sauB.iqi^ ^ouqsip jo -o^ 




•sdBOi auji^Tio !jnoq?m siooqos jo 'o^ 




• pjBoq-5ioB|q u anoq^iAV siooqos jo -o^ 




•pasopuaun ga:>TS asnoq xoo^^s jo -o^ 




•ajoB ano ttBq^ 
6S3| Sniaic^fuoo ss^is ssnoq -[ooqos jo -o^ 




•asnoq looqos jfm? jo uoi^buxba ijsaJiOf]; 




•osnoq xooqos Kuv jo uoi^jbtii-ba qsaqSiH 




•sasnoq poqos jo uoijbtiiba IB^joj; 




■sasnoq lOoqos 3o[ jo -o^ 




•sasnon xooqos parasjj jo -o^ 




•sasnoq xooqos ano'js jo -o^ 




•sosnoq poqos :qouq jo o^ 




MAMBS OF TOWNS. 


-rJoaofiWfeCSW (-.'»->■ 



176 FORMS. 

No. 34. 

Form of Certificate of District Clerk, attached to assessment roll of taxes as- 
sessed at a special meeting. 

I do certify that I have set down in the above assessment roll 

all the real estate situate in District No. of the town of 

, county of , and State 'of Wisconsin, liable to be 

taxed, according to my best information, and that with the ex- 
ception of those cases in which the valuation has been otherwise 
fixed pursuant to law, I have estimated the same at what I be- 
lieve to be the true cash value thereof; that the said assessment 
roll contains a true statement of the aggregate valuation of the 
taxable personal estate of each and every person named in said 
roll, as nearly as I could ascertain the same. 

Given under my hand this day of , 18 — . 

i A. B., 

Glerh of District No. , Toivn of • 



No. 35. 



Form of Warrant annexed to assessment roll by District Clerk, for the collec- 
tion of taxes levied at a special district meeting. 

The State of Wisconsin to the Treasurer of District No. , 

of the toum of , county of ; 

You are hereby commanded to collect from each of the per- 
sons and corporations named in the annexed assessment roll, 
and of the owners of the real estate described therein, the taxes 
set down in such roll opposite to their respective names, and to 
the several parcels of land therein described; and in case any 
person or corporation, upon whom any such sum or tax is im- 
posed, shall refuse or neglect to pay the same, you are to levy 
and collect the same by distress and sale of the goods and chat- 
tels of the person or corporation so taxed; and the moneys so 
collected you are to retain as Treasurer of the aforesaid district, 
subject to the order of the District Board; and you are further 
required to make return to said District Board of this warrant 
with said roll annexed, within forty days from the date hereof, 
together with your doings thereon, as provided by law. 

Given under my hand this day of , in the year 18 — . 

A. B., 
Clerk of aforesaid District. 

Note. — The Clerk can renew this warrant for thirty days by endorsing it, 

"Renewed for 30 days." Dated ,18—. 

A. B.. District Clerk. 



FORMS- 177 

No. 36. 

Form of Bond given by the District Board to secure the payment of money 
borrowed on the authority of sections 100 and 101, of title VII, chapter 23, 
Eevised Statutes of 1858. 

Bond. 

Know all men by these presents, that District No. of 

the town of , is held and firmly bound unto in the 

penal sum of dollars, good and lawful money of the United 

States of America, to be paid to the said , certain attor- 
ney, heirs, executors, administrators or assigns, for which pay- 
ment well and truly to be made we bind the said District No. 

of the town of , ourselves and our successors in 

office, jointly and severally, firmly by these presents. Sealed 
with our seals, and dated this day of , A. D. 18 — . 

The condition of the above obligation is such, that if the 
above bounden obligors, or their successors in office, shall well 
and truly pay, or cause to be paid, unto the above named obli- 
gee heirs, executors, administrators or assigns, the just 

and full sum of and in case default shall be made in any 

of the payments, either of principal or interest, or of any part 
thereof, at the time or times above limited for the payment 
thereof, shall pay the whole sum of principal, with the interest 
which shall then have accrued, upon the demand of the said 
obligee heirs, executors, administrators or assigns notwith- 
standing the time for the payment of principal shall not then 
have elapsed, (it being hereby expressly declared to be a condi- 
tion of the above obligation that upon any default whatever in 
the payment of any of the instalments of principal or interest, 
at the time or times above limited for the payment thereof, the 
whole principal sum, and the interest which shall then have ac- 
crued, shall at once become and be deemed due and payable, at 

the option of the above named obligee, heirs, executors, 

administrators or assigns) and shall also pay all costs and ex- 
penses which the said obligee heirs, executors, administra- 
tors or assigns shall pay, be put to or sustain for attorney's, 
solicitor's or counsel fees, or otherwise, in addition to any costs 
or fees which now are, or hereafter may be allowed by law for 
the collecting the said sum of money, or any part thereof, or of 
the interest thereon, or any part thereof [or for foreclosing a 
certain mortgage bearing even date herewith, and given to se- 
cure the payment of the said sum of money above specified, 
with the interest thereon, without fraud or delay,] then this ob- 
ligation to be void and of no effect, otherwise to be and remain 
in full force and virtue. 

Sealed and delivered in ) (Signed,) A. B., Bireetor, [seal.] 

presence of V CD., Treasurer, [seal. J 

) E. F., (7Zer^, [seal.] 

District Board of District No. — , of the totvn of . 

23 



178 FORMS. 

Note. — If no mortgage accompanies the bond, omit the •words " or for fore- 
closing," &c., -which are enclosed in brackets. 



No. 37. 



Form of Mortgage given by the District Board to secure the payment of money 
borrowed in accordance -with sections 100 and 101, of title VII, chapter 23, 
Revised Statutes, 1858. 

Mortgage. 

This indenture made the day of — , in the year of 

our Lord one thousand eight hundred and , between Dis- 
trict No. of the town of , of the first part, and 

of the second part witnesseth that the said parties of the first 

part, for and in consideration of dollars, in hand paid by 

the said party of the second part, the receipt whereof is hereby 
acknowledged, has granted and conveyed, and by these presents 
does grant and convey unto the said party of the second part, 

heirs and assigns forever, the following described piece or 

parcel of land, situate in the county of • , and State of 

, described as follows, to wit : [^Here insert description^ 

to have and to hold the same, together with all and singular the 
appurtenances and privileges thereunto belonging, and all the 
estate, right, title, interest and claim whatsoever, of the said 
party of the first part, either in law or equity, in and to the 
above described premises, to the only proper use, benefit and 
behoof of the said party of the second part, heirs, and as- 
signs forever. 

And the said party of the first part, doth covenant and agree 

to and with the said party of the second part, heirs and 

assigns, that he is well seized in fee of the aforesaid premi- 
ses, has good right to sell and convey the same, that the same 
are free of all incumbrances whatsoever, and that the aforesaid 
premises, in the quiet and peaceable possession of the said 

party of the second part, heirs and assigns, against all 

and every person lawfully claiming or to claim the whole or any 
part thereof, will forever warrant and defend. Provided always, 
and these presents are upon tlie express condition, that if the 
said parties of the first psrt, shall well and truly pay, or cause 

to be paid, to the said party of the second part, heirs, ex- 

acutors, administrators or assigns, the sum of dollars, 

according to the condition of certain , bearing date 

on the day of , in the year of our Lord one thous- 
and eight hundred and , executed by the District Board 

of District No. , town of , to , as collateral 

security, then these presents and the said shall cease and 

be null and void. 

And the said District No. , Town of , doth fur- 



FORMS. 179 

ther agree that they will pay all taxes and assessments of every 
nature that may be assessed on said premises previous to the 
day appointed in pursuance of any law of this State for the sale 
of lands for Town, County, or State Taxes; and also the sum 
of dollars, as solicitor's fees, in case of the commence- 
ment of an action to foreclose this mortgage. 

In testimony whereof, the said parties of the first part have 
hereunto set their hand and seal by their legal and accredited 
officers, the day and year first above written. 

Sealed and delivered in presence of) 



Director, [«eal. 
Treasurer, [seal. 
Clerk, s [€EAL. 



District Board of District No. — of the town of 
STATE OF WISCONSIN, ) gg 

County of . \ 

Be it remembered, that on the day of , A. D. 18 — 

before the undersigned, a in and for said county, per 

sonally eame the above named District Board of said Distric" 

No. • , Town of , to me known and acknowledge 

that they had executed this mortgage deed for the uses and pur- 
poses therein mentioned. 



No. 38. 

Form of Notice of determination to form a Union District for High School 
purposes, to be served upon the Town Superintendent by the District Clerks. 

To A. B., Town Superintendent of the town of ; 

The following minutes contain the action of District No. 

of the town of , in reference to the formation of a Union 

High School District, as provided in section 12 of chapter 138, 
of General Laws of 1858: [Here insert the minutes in full, 
giving the names of those wlio voted for and against the prop o- 
sitionJ] 

Dated this day of , 18 — . 

[Signed,] ^ CD., 

Clerk of district No. , of the toivn of . 

NoTB. — The above notice must be served by the Clerk of each District pro- 
posing to unite in the Union High School District. 



No. 39. 

Form of Notice to be given by the Town Superintendent to the Town Clerk, of 
the formation of a Union High School District: 

To the Town Clerk of the town of • 



I have this day formed a Union High School District, in 



180 FORMS. 

accordance with the expressed desire of the districts and parts 
of districts composing the same, which determination has been 
properly certified to me as required in section 12 of chapter 138, 
of General Laws of 1858, to be called Union High School Dis- 
trict No. , of , of which the following is a description: 

\_IIere follow form No. 1.] 
Such formation to take effect immediately. 

Dated this day of , 18 — . 

[Signed,] A. B,, 
Toivn Super inte^ident of Schools^ of the toivn of . 

No. 40. 

Form of Application by Town Superintendents, for Webster's Unabridged 

Dictionary. 

State op Wisconsin, ) 

County, \ 

[Here insert name of Town Superintendent^ being 
duly sworn, deposeth and saith, that the following Districts in 

the Town of , County of , and State aforesaid, 

have never been supplied with Webster's Unabridged Diction- 
ary, by the State, as provided for by law. 

Districts unsupplied, Nos. 

And the following Districts, in the Town and County afore- 
said, have been supplied: Districts Nos. 

A. B., 

Toivn Superintendent. 
Sworn and subscribed before me, ) 
this day of , 18 — . \ 

Note. — Town Superintendents applying for Joint Districts must be particular 
to state that the School House is situated in their town. Also designate the 
manner of sending the books in all cases. 



INDEX. 



INDEX. 



ABSENCE: 

of District Clerk from district meeting, 23, 80 

of children from school to be noted, 25, 84 

of officers from district, 89 

ACADEMIES: 

to be established. : 6 

may share in the Normal Fund. 54 

to report to Secretary of Normal Board, 55 

what must be taught to entitle them, ... 57 

ACCEPTANCE: 

of office, -when elected, 21, 76 

written acceptance, when necessary, 76 

of office when appointed, 76 

form of, 157 

ACCOUNT: 

of Town Supeinntendent, audited by Town Boai'd, 12, 100 

of District Board, for expenses, 23, 82, 83 

Town Superintendent, to render to Town Board, 33 

" " " successor, 33 

District Treasurer to keep, 78 

ACTIONS: 

Director to appear in, 21, 77 

on Treasurer's bond, .22, 79 

against Town Superintendent, by successor 33 

" " " by District, .'. 43,124 

District may bring on bond of Town and County Treasurer, 43, 124 

costs of, 44 

how begun, and by whom prosecuted, 44 

how brought against districts, 40, 123 

how brought against Treasurer, 43, 124 

when justice of the peace has jurisdiction of, 40, 124 

ADJOURNMENT: 

District meetings may adjourn, 19, 70 

notice of adjourned meeting, 23, 158 

AFFIDAVIT: 

must accompany appeals, 60 

must be made to application for Dictionaries, 51 

AGE OF CHILDREN: 

entitled to attend school, 6, 94 

to attend Normal Institutes, 58 

over legal age may attend school, 94 

ALTERATION: 

of proceedings, 19 

what proceedings cannot be altered 71 

ALTERATION OF SCHOOL DISTRICTS: 

to be made by Town Superintendent, 31, 96 

notice of, to be given, 35, 104 

town officers may be consulted in regard to, 36, 104 

consent of Board to, 36, 104, 105 



184 INDEX. 

when to take effect, 36, 105 

of joint districts, how made, 37, 107, 108 

when to affect apportionment, 34, 100 

cannot be made by State Superintendent, 104 

may be appealed from, 37 

how aflFecte I by decision of State" Superintendent, 108 

form of notice, 170 

ANNUAL DISTRICT MEETING: 

when to be held, 18, 68 

powers of, 19 

notice of, how given, 23, 83 

not to be deemed illegal, 19, 68 

what may be determined at, 19, 20, 75 

when time for holding passes, how called, 20, 74 

mode of proceeding, 69 — 73 

special meetings to transact same business, 20, 73. 75 

may authorize loan, 44, 125 

proceedings of may be appealed from. 37 

may form Union District, 46, 125 

annual High School meeting, 47 

form of notice of, 157 

ANNUAL REPORT: 

of State Superintendent, 9, 10 

of Clerk of Board of Supervisors, 38, 109 

of Town Superintendent, 31. 97 

of District Clerk, 23J 83 

of District Treasurer, 21, 78 

of Normal Institutes. 55, 59 

of Normal Board, 54 

Form of Clerk's Report, 161 

" Town Superintendent's Report, 168 

" Clerk of Board Supervisor's Report, 173 

ANNULMENT OF CERTIFICATE: 

when Town Superintendent may annul. 35 

proceedings in regard to, 35, 103 

notice of, to be given District Board, 35 

rescinds contract with teacher, 103 

Form of order of, 170 

APPARATUS: 

district may vote tax to purchase, 19 

for High Schools. 47 

APPEALS: 

when may be made, 34, 37 

who may appeal, 37, 60 

decision operative until reversed, 37 

regulations concerning, 60 — 62 

decision of how enforced, 108 

decision, how conclusive Jind final, 108 

no appeal from Town Superintendent to Town Board, 104 

APPENDAGES: 

Board to provide, 23, 82 

District may vote tax to pay for, 19 

what constitute, &c., S3, 129 

APPOINTEES: 

hold office until next Annual Meeting, 76 

must file written acceptance, 76 

when to file bond 79 



INDEX. 185 

APPOINTMENTS- 

to fill vacancy in District Board, 30; 89 

of Normal Regents, 52 

Form of notice of, 167 

APPORTIONMENT OF PROPERTY: 

•when made, 36, 106 

how, and by whom determined, 36, 37, 107 

when made, if Board refuse consent, 107 

how money thus obtained must be used , 107 

APPORTIONMENT OF SCHOOL MONEYS: 

by State Superintendent how and when made, 9 

made upon reports of officers, 9, 15, 98, 100 

when cannot be made by Town Superintendent, 15, 31, 97 

when not to be made by Town Superintendent, 32, 98 

School taxes voted by towns how apportioned, 31, 95 

Notes by State Superintendent concerning, 98 — 100 

Clerk of Board to file notice of, 11 

how affected by alteration of districts, 33, 100 

how made in joint districts, 98 

ASSESSMENT: 

of school district taxes, 25 — 29, 37. 84 — 87 

of school tax by County Board, 13 

to be recorded by Clerk of Board, 13 

amount of, how determined, 13 

in case of failure to assess, 14 

penalty for neglect of Town Clerk to carry out. 14 

how made by district board, 27 

how equalized, 27 

ASSESSMENT AND COLLECTION: 

of school taxes, 13, 14, 25—29, 84—87 

ASSISTANT STATE SUPERINTENDENT: 

how appointed, &c 10 

ATTENDANCE: 

of scholars to be registered, 25, 84 

of voters at annual meetings, 17, 67 

of pupils at Normal Institutes, 59 

AYES AND NOES: 

when vote should be taken by, 70 

to be entered upon the records. 73,^125 

B 
BALLOT : 

vote by necessary to elect officers 70, 76 

vote to borrow money must be by 44. 125 

BANKS: 

pay tax on real estate only 85 

BLACK BOARDS : 

how provided 19 

a necessary appendage 83 

BOARD : 

for forming or altering districts 36. 104 

^see "County Board"), 
(see "Town Board"), 
(see "District Board"), 
(see "Normal Board"). 

BOARD OF TEACHER : 

to be included in wages 93 

24 



186 INDEX. 

BOND : 

District treasurer to execute 22, 78 

by -wliom approved and filed 22, 79 

of appointed treasurer 22, 79 

prosecution of bond of District Treasurer 22, 43, 77, 124 

of Town Superintendent 30 

failure to give, vacates office 31, 96 

action on, by whom brought 33, 43, 124 

of Town Treasurer, action on 43 

of C ounty Treasurer, action on 43, 124 

certified copies of, evidence 44, 124 

District Board. &c., authorized to give 45 

Governor may remove officers under 90 

of District Treasurer, form of. 160 

of Town Superintendent, form of 172 

of District Board for money loaned, form of. 177 

BOOKS : 

for records and register 25, 84 

to be delivered to successor in office 23, 43, 124 

to be furnished indigent pupils 30, 90 

text-books determined 80, 47 

text-books recommended 133 

uniformity of 8 

BORROWING MONEY : 

by school districts 44, 125 

BRANCHES OF EDUCATION : 

to be taught in district schools 30, 90, 151 

BUILDING : 

school house 88, 129—133 

BUSINESS : 

what transacted at annual meeting. 19, 70 — 73 

" " special meeting 23, 73 

" " first meeting 19,67,68 

c; 

CARE: 

of school house •• 29, 88 

CERTIFICATE : 

of apportionment • 9 

of value of school house 20, 74 

of teachers, how granted 34, 101, 125 

by whom granted to Town Superintendent 35 

may be annulled 35, 102 

of tax by Town Superintendent 38, 109 

of delinquent tax by Clerk of Board 14 

of valuation of real estate by Town Clerk 26, 85 

of tax voted by District Clerk 25, 85 

certificate of judgment 41, 123 

of determination to form Union Distrct 47 

of teachers, form of 170 

CHAIRMAN : 

of district meeting 19, 69 

of supervisors to be associated with Town Superintendent 36, 104 

penalty for non-performance of duty 42 

CHALLENGE : 

of voters 18 

CHILDREN : 

age to attend school 6, 94 

may be expelled from school 92 



INDEX. 18T 

to be reported by District Clerks 24, 83 

attendance to bo registered 25, 83 

to be reported by Town Superintendent. 32 

to be tlie basis of apportionment 9, 31, 97 

Clerk of Board to report 39, 110 

where may attend school 94 

CLERK OF BOARD OF SUPERVISORS : 

to file notice of apportionment 11 

to furnish copy of documents 11 

to transmit copies of resolutions, &c., to State Superintendent, 11, 110 

to certify delinquent tax 14 

to presei've documents 38. 109 

to make annual report 38, 109 

to furnish statement to C ounty Treasurer 39 

penalty for neglect of duty 42, 124 

form of report of. 173 

CLERK OF TOWN : 

to calculate delinquent tax, &c 14 

penalty for neglect to assess tax 14 

to assess tax 25 

to furnish statement of valuation 25, 84 

to certify to treasurer delinquent tax 28, 87 

to enter unpaid tax in next assessment roll 28 

to file Superintendent's account 33 

to file annulment of certificate 35 

may be associated with Town Superintendent 36, 104 

to file copy of notice of formation or alteration of district 104, 105 

to equalize valuation in certain cases 37, 108 

to file books, reports, &c , 38, 109 

to keep map of districts 44, 124 

not to certify assessment to State Superintendent Ill 

CLERK OF SCHOOL DISTRICT : 

when elected 19 

calls special meetings 20, 73 

may call special meeting to elect ofBcers 20, 74 

term of office 21, 75 

to draw orders on Treasurer 24, 84 

to record proceedings 22, 79 

to notify officers of their election 21, 76 

to record Treasurer's report 22, 78 

to file Treasurer's bond 22, 79 

to be clerk of the district 23, 80 

to hire teachers 23, 80 

to give notice of meetings 23, 83 

to make annual report 23, 83 

to furnish School Register 25, 84 

to furnish statement of taxes voted 25, 84 

how to make out tax list 27, 87 

to issue warrant for collection 27, 86 

to file certificate of unpaid tax 28 

authority to issue warrant 28 

may correct tax list 29, 87 

may renew warrant 29, 87 

a member of District Board 29, 80 

when to act as Librarian 39, 113 

penalty for neglect of duty 42 

penalty for false report 43, 124 

penalty for refusal to deliver books, &c., to successor 43, 124 

entitled to Journal of Education. , . 46, 125 

to certify vote on Union District 46 



188 INDEX. 

to preserve Journal of Education 46, 125 

to report library statistics 116 

to record ayes and noes 70 

cannot teach in his district 82 

must sign the annual report 100 

form of report of 161 

CLERK OF UNION SCHOOL : 

a member of Board 47 

COMMON SCHOOLS: 

to be free 6 

sectarian instruction not allowed 6 

how in part supported 6 

to be maintained three months in each year 6, 99 

School Fund, how distributed to 9 

what taught in 30, 90 

Town Superintendent to hold proverty of 33 

supervision of 35, 103 

terms of 75 

who may attend 93 

government of. 93 

COMMON SCHOOL FUND : 

(see ''Income of School Fund"). 

COMMUNICATIONS : 

to State Sujjerintendent ' 63 

COMPENSATION : 

of State Superintendent 7 

of Assistant State Superintendent 10 

of Town Superintendent 12, 100 

paid by the Town Board 100 

of Clerk of Board 39 

COMPOSITIONS : 

may be required to be read 90 

CONFLICT OF OPINION : 

how settled between officers 82 

CONSENT OF DISTRICT BOARD : 

required to have alteration of district take effect immediately. . . 36, 105 
cannot be given conditionally 105 

CONSTITUTION : 

relating to Common Schools , 5 

CONTRACT : 

to be made by the Clerk 23, 80 

to be endorsed by Director 23, 80 

must be filed in Clerk's office 23 

when not binding 81, 103 

when Board individually liable 81, 92 

for building school house 88 

COPIES: 

certified copies legal evidence 9 

certified copy of bond in evidence 44, 124 

of appeal and answer to bo served 60, 61 

CORPORATE PROPERTY : 

Town Superintendent may hold 33 

required to entitle institutions to share in the Normal Fund 54 

CORPORATIONS : 

School Districts declared to be 18, 68 

own Superintendent to have powers of 33 



INDEX. 189 

■which not liable to tax on persoEial property 85 

Clerk to furnish list of 25, 85 

COSTS: 

of suit, -who responsible for ... . 44 

2bwfTY BOARD OF SUPERVISORS : 

may authorize specific school tax 11 

to levy school tax on towns • 13, 110 

to determine tax when no apportionment has been received 13 

COUNTY TREASURER : 

to apply for money apportioned 15 

to notify Town Supei-intendents 15 

how to dispose of uncalled for school moneys 15 

action on the bond of 43, 124 

what taxes should not be paid to 9'7 

COURSE OF STUDY: 

in Normal Departments 5T — 59 

D 
DEBTS : 

tax voted to pay 19 

to be deducted on division of property 36, 106 

District Board cannot incur without vote of the district 8S 

DECISION : 

may be appealed from 37 

of State Superintendent, conclusive and final 37, 108 

how filed and recorded 61 

DECLAMATION : 

may be required 90 

DEED : 

provisions relative to 29, 86 

form of. , 166 

DELINQUENT TAXES : 

to be charged with penalty 14 

duty of Clerk of Board in regard to 14 

duty of Town C lerk in regard to 14 

how returned 26 

how paid when collected 26 

district tax to be certified 28, 86 

eannot be made up from school tax 85 

(see also "Taxes"). 

DEPARTMENTS : 

Board may divide school into 92 

teachers in all must be qualified 92, 100 

normal, to be established 59 

DESCRIPTION : 

Clerk to make of taxable property 27 

of districts by Town Superintendent 34, 44, 96 

of district to accompany appeal 60 

DICTIONARY: 

(see "Webster's Unabridged Dictionary"). 

DIRECTOR : 

when elected 19 

may call special meetings 13^ 74 

term of office 21 , 75 

to be member of Board 21, 75 

to sign orders on Treasurer 21, 76 

to appear in behalf of district 21, 77 



190 INDEX. 

to approve Treasurer's bond 22, 79 

to prosecute Treasurer's bond 22, 79 

to approve contract with Teacher 23, 81 

to certify judgment to Town Clerk 41, 123 

penalty for neglect of duty 42 

Board of, authorized to borrow money 45 

of High Schools, how elected 47 

may divide joint libraries 40, 112 

DISTRICT BOARDS : 

who constitute 21, 29, 75 

term of office of 21, 75 

tow notified of election 21 

to provide appendages to school house 23, 82 

to assess real estate 27, 87 

may refund taxes 29, 87 

powers of. 29, 87 

to have care and control of house 29, 88 

may fill vacancies 30, 89 

may purchase books for poor children 30, 90 

may determine text books 30, 91, 133 

may determine studies 30, 90 

may call in town otficers to act with Town Superintendent 36, 104 

to consent to alteration of district 36, 105 

School Library vested in 40, 111 

may choose Librarian of joint libraries 40 

authorized to borrow money 45, 126 

may give notes, bonds, &c 45, 125 

may sign appeals 60 

to estimate annual expenses 71 

to carry out wishes of people 71 

to keep school house in repair 72, 83 

to furnish fuel 72 

majority of, to select teacher 80 

cannot hire unqualified teacher 81 

to purchase or lease site 87 

individually responsible for illegal acts 88 

how to contract for building house 88 

may remove Clerk 90 

may divide schools into departments 92 

cannot levy tax 92 

cannot dismiss teacher 92 

may expel scholars 93 

government of school vested in 93 

may admit pupils 93 

DISTRICT CLERK : 

(see ''Clerk of School District"). 

DISTRICT LIBRARIES : 

law relating to 39, 40 

regulations of, by State Superintendent Ill — 117 

(see "Libraries" and "Town Libraries"). 
DISTRICT MEETINGS : 

(see " Annual," " Special," and " First Meetings"). 

DISTRICT PROPERTY: 

Board to have care of 29 

may be sold 19 

Town Superintendent may hold 33 

how divided, upon division of district 36, 106 

DISTRICT SCHOOL : 

(see ''Common School"). 



INDEX. 191 

DISTRICT TREASURER : 

when elected > 19 

may call special meetings 20, 73 

term of office 21, 75 

to report to district 21, 78 

to pay moneys upon proper orders .... 21, 77 

must give bond - 22, 78 

office vacant when 22, 78 

to prosecute predecessor for refusal to pay over balance 22, 79 

to approve contract with teacher 23 

»o collect district tax voted at special meeting 27. 79, 86 

to return delinquent tax ,• • • • 28, 86, 87 

to file certificate of Town Clerk. . . - 28 

to possess powers of Town Treasurer for certain purposes 29, 79 

a member of District Board 29 

penalty for neglect of duty 42 

penalty of illegal action 43, 124 

action against in case of default 43 

when may consider his bond filed 79 

when liable to action for embezzlement 77 

to apply for school moneys 78 

when appointed, when to file bond 79 

form of receipt of 78 

form of report of 159 

when liable on his bond 77, 79 

form of bond of 160 

DIVISION : 

of school districts 35, 104 

of property ^ 36, 106 

of joint libraries 40, 112 

form of order of division 171 

form of order dividing property 171 

E 

ELECTORS: 

powers of at town meetings, 12 

of districts, who qualified, 17, 66 

to assemble when notified, 17, 67 

EMBEZZLEMENT: 

when Treasurer guilty of, 77 

ERRORS: 

in tax list, how corrected, 29, 87 

in District Clerk's report, 97, 98 

EQUALIZATION: 

in case of joint district, 27, 87 

of assessment in joint districts, 38, 109 

EXECUTION: 

not to issue against district, 40, 123 

proceedings on, 41, 123 

EXPENDITURES: 

of district board, how allowed, 23, 82 

Town Superintendent to report on, 33 

•f library money, to be reported, 33, 115 

©f library fines, to be reported, 114 

Board to estimate, , 71 

F 

Town Superintendent cannot receive, 100 



192 INDEX. 

for tuition in Union Schools, 47 

for tuition in Normal School, 56 

FINES, FORFEITURES, &c.: 

for refusal to carry out tax, 14 

for refusal to serve notice, 42 

for refusal to act as chairman, 42 

for refusal to serre as officer 42, 124 

for neglect of Town Superintendent to report, 42, 124 

for disobeying order of State Superintendent, 42 

for neglect of Clerk of Board to report, 42, 124 

for false report by District Clerk, 43, 124 

for refusal to deliver books, 43 

for neglect to prosecute District Treasurer, 43 , 124 

forfeiture of wages, 25, 84 

for false affidavit for Dictionaries, 51 

for false report to Normal Regents, 56 

FIEST DISTRICT MEETING: 

notice of time and place, 17, 66 

how notice given and return made, 17, 66 

notice and return to be recorded, 17, 67 

notice in case of neglect to attend, > 17 

duty of electors to attend, 17, 69 

officers elected at, to file written acceptance, 18, 67 

powers and duties of, 19, 69 

penalty for neglect to serve notice of, 42 

penalty for refusal to serve as chairman of, 42, 124 

form of notice of, and return, 156 

FORMS: 

prescribed by State Superintendent, 155 — 180 

of notice of formation of new district, 155 

•' " joint " 155 

of notice of first meeting, 156 

of notice of first meeting to be left at residence of voter, 156 

of return of notice for first meeting, 156 

of notice by Town Superintendent, when there is no officer to call 

meeting, 157 

of acceptance of office , 157 

of notice of annual meeting, 157 

•' '• special " 157 

•' " adjourned'- 158 

of certificate that more than $500 is necessary to build school house. 158 

of notice of election, . 158 

of refusal to accept office 159 

of order on Treasurer, 159 

of Annual Report of Treasurer, 159 

of Bond of Treasurer, 160 

of contract with Teacher, . 161 

of Annual Report of Clerk, 161 

of School Register, 164 

of statement of taxes voted, 165 

" " " in joint district, 165 

of Deed tor site, 166 

of Lease of site, 167 

of appointment to fill vacancy, 167 

of Annual Report of Town Superintendent, 168 

of certificate of Teacher, 170 

of note annulling certificate, 170 

of notice of alteration of district, 170 

of notice of alteration, when Board refuse consent, 171 

of order awarding property, 171 



INDEX. 193 

of order determining alteration, 171 

of bond of Town Superintendent, 172 

of Annual Report of Clerk of Board 173 

of certificate of taxes by District Clerk, 176 

of warrant by District Clerk, ■ 176 

of Bond to secure borrowed money, 177 

of mortgage " " " 178 

of determination to form Higli School district, by District Clerks, .... 179 
of notice of formation of High School district by Town Superintendent 179 
of application for Dictionaries, 180 

FORMATION: 

of school districts, 17, 35, 104 

notice of, to be given, 35, 104 

Town officers to be consulted, 36 , 104 

of joint districts, 37, 107 

of "High School districts, 46, 125 

of joint High School districts, 47 

Forms, 155,179 

FUEL: 

how provided, '^^ 

G 
GOVERNMENT OF SCHOOLS: 

Town Superintendent to advise ooncerning, 35, 103 

vested in district Board, 93 

duties of teachers, > • 93, 95 

H 

HOLIDAYS: 

teachers entitled to, ^2 



HIGH SCHOOLS: 

may share in Normal Fund, 34 

(see "Union Schools") 

I 

INCOME OF SCHOOL FUND: 

how distributed, • 6, 31. 97 

when distributed ^. . .9, 14 

when not to be apportioned, 15, 32, 98 

to be applied in payment of teachers' wages, .33, 98 

County Treasurer to apply for, ^^ 

what constitutes, i ^^ 

of Normal Fund, • 54 

INSPECTION OF SCHOOLS: 

the duty of the Town Superintendent, 34, 103 

J 
.JOINT DISTRICT: 

how formed and altered, • • • 3*?, 107 

certificate for school liouse, by whom given, *" 

how apportioned to, ^^ 

should not be formed., ^^^"^ 

supervision of, „ -^ ^^^ 

when formed by chr .nge in town lines. • ^'^'l 

form of notice of foi .'mation, ■'^^5 

JOINT LIBRARIES: 

how formed and di .vided, ^^i ^^^ 

librarian of, how ; Appointed, ^'^ 

vested in whom,. '. 40, 111 

governed by the law relating ito district libraries, • . • *..... 116 

25> 



194 INDEX. 

JOURNAL OF EDUCATION: 

who entitled to, 45, 125 

how paid for, 46 

to be preserved. 46, 125 

JUDGMENTS: 

against districts, how collected 40, 123 

how certified, 41 

how assessed, 41, 123 

JUSTICES OF THE PEACE: 

to have jurisdiction, 40, 123 

to certify judgment, 41 

L 

LEASE: 

district may lease house or Bite, 19 

vote authorizing, by ayes and noes, 87 

form of, 167 

LIABILITIES: 

district should vote tax to meet, 19 

when incurred, district cannot rescind proceedings, .71 

LIBRARIAN: 

when Clerk to act as, 39, 111 

of joint libraries, how appointed, 40 

to keep a catalogue, 112 

to keep account of books loaned, 112 

to examine books, 113 

penalty for refusal to deliver books, &c.j to successor, 113 

to make quarterly report, 114 

to make annual report, 114 

to preserve Journal of Education, ^ 116 

Treasurer cannot act as, 117 

LIBRARIES: 

District may vote tax for,. 39 

vested in district Board, 40 

regulations of law, Ill 

regulations by State Superintendent, 112 

Township libraries,. 117 

LIBRARY MONET: 

illegal expenditure of forfeits apportionment, 33 

when district not entitled to, 98 

LOAN: 

districts make to build house, 44 

length of time, rate of interest, &c., 45 

authority to make, shown by the records, 88 

M 
MAPS: 

Town Superintendent, to make and file, 44, 124 

to accompany appeal, 60 

MEETINGS: 

(See "Annual" "Special" and "First Meetings") 

MISDEMEANOR: 

when town clerk guilty of, 14 

when district clerk guilty of, 43 

MONTH: 

signification of, in this law 81 

MORAL AND RELIGIOUS INSTRUCTION: 

in public schools 136 



INT 
NAMES: 

of school districts,. .,,...........<,...<..■.• ^ * << - 18 

and ages of scholars to be registered, • 25, 84 

of voters, lists of, • "^^ 

of Town Superintendents to be reported, 101 

of joint districts, - • 1^1 

NEGLECT: 

of Treasurer to pay moneys to successor, 22 

of Teacher to use register, • 25, 84 

of officers to accept office, 42 

of Town Superintendent to report, .................. 42, 124 

of Clerk of the Board to report, , .42, 124 

of Clerk to deliver books to successor, ................. .43 

of Town Superintendent to prosecute Treasurer, .......... .... .43 

" '• apportion moneys, .....43 

of person cognizant to complain of Treasurer for embezzlement, .... .77 

NORMAL BOARD: 

how appointed, &c.,.. .52 

term of of&ce, 53 

annual meeting of, .53 

;M> iM^y provide for addresses, ....................................... 55 

jflH course of study adopted by, ,.,....,..., .57 

NORMAL REGENTS: 

(see "Normal Board" ) 

NORMAL SCHOOLS OR DEPARTMENTS: 

what entitled to fund, .......... .................................. 54 

fund how distributed to, .......................................... 55 

reports from, how made,. . ...................................... .55 

course of study in, 58 

length of term required ...................................... 59 

NOTICE: 

State Superintendent to give, of apportionment, .................... .9 

Clerk of Board to give to County Treasurer, ....................... 11 

County Treasurer to give to Town Superintendent, 15 

of time and place of first meeting,. . . 17, 66 

to be recorded, 17, 67 

to be given in case of neglect to attend meetings, ............ 17, 20, 74 

want of does not render meeting illegal, . . 19, 68 

of special meeting, 20, 23, 83 

to officers elect, when necessary,.. 21, 76 

of intention to annul certificate, 35 

of intention to alter district, ..... .35, 104 

of alteration of district,. .36, 105 

of formation of joint district, 37, 

refusal to serve as officer,. 76 

(see "Forms"). 

OATH: 

administered to voter challenged, 18 

OFFICERS: 

of school district .... 21, 85 

of Union Districts, , 47 

(see "Director," "Treasurer," "Clerk.") 

ORDERS : 

Director to countersign .21, 76 

Treasurer to pay money on ..,..,,..,....... .21, 76 

Clerk to draw ,.....,.,,.., ,...,,. ....24, 84 

p«aalty for refusal to pay. ,.,,... 77 



196 INDEX. 

Form of as Treasurer .159 

; { for other orders see ' ' Forms'" ' ) 

OUTLINE MAPS : 

how provided 19 

should be supplied 131 

recommended list of 134 

1* 

PENALTIES : 

(see "Fines and Forfeitures"). 

PLANK ROADS : 

not liable to tax 85 

PRINCIPAL OF SCHOOL FUND : 

what to constitute 5 

when income added to 15 

PROCEEDINGS OF DISTRICT MEETINGS : 

mode of described 70 

not void for want of due notice 69 

i^ ■ . when cannot be reconsidered. 71 

PROPERTY : 

( see ' 'District Property' ' ) . 

PUBLIC MONEY : 

(see "School Money''). 

PUNISHMENT : 

no sanction for corporal , 95 

Q 

QUALIFICATIONS : 

of voters 18, 66 

of teachers, how determined 34, 101 

of teachers in High School 47 

QUORUM : 

of Board of Normal Regents 53 

of voters at district meetings 69 

RAILROADS : 

not liable to district tax S5 

REAL ESTATE : , 

Districts may hold 18 

taxes on, how assessed and collected 25 — 29 

valuation of, how equalized in joint districts 25, 85 

District Board may mortgage 45 

High School tax on 47 

RECEIPT : 

of district Treasurer for public moneys 78 

RECORDS OF SCHOOL DISTRICTS: 

who to make and preserve 22, 79 

to be delivered to successor 23 

method of keeping 73 

when vote to be entered on by ayes and noes 70, 125 

REFUSAL : 

of officers to accept oifice 21 

when written refusal necessary 76 

to keep School Register 25, 84 

to serve as officer, penalty for 42, 124 

to make Annual Report, penalty for 42, 124 

of Clerk to act, vacates office f . .90 



INDEX, 19T 

■ of Treasurer to pay moneys, deemed embezzlemeiit. . * 77 

form of refusal to accept office 159 

REGISTER : 

to be furnished teacher 25, 84 

what to contain, &c 25 

refusal to keep, forfeits wages, 25, 84 

form of. 164 

REGULATIONS,: 

State Superintendent to prescribe & 

shall cause to be printed and distributed 8 

concerning appeals 60 

concerning Libraries. 113 

REMOVAL : 

of officer from district vacates office 89 

of officers for non-performance of duty 80, 90 

of Town Supt. and Town Clerk for disregard of order of State Supt..42 

REPAIRS OF SCHOOL HOUSE : 

tax to defray expenses of to be voted 19 

District Board to attend to 23, 72, 82 

REPEAL OF PROCEEDINGS : 

when districts have authority to 19 

when districts cannot 71 

REPORT : 

of State Superintendent 9, 10 

of District Treasurer 21, 77 

of District Clerk. 23, 83 

of Town Superintendent , . .81, 97 

of Joint district, how made 37, 108 

of Clerk of Board of Supervisors 38, 109 

penalties for refusal to make 42, 124 

penalty for false » 43, 55 

of principal of Normal Departments 59 

forms of (see "Forms"). 

RESIDENCE : 

of children same as parents . 94 

RETURN : 

of notice of First Meeting 17, 67 

form of. 156 

S 
SCHOLARS : 

age of to attend school 6, 94 

names, &c. to be registered 25, 84 

age of, to attend Normal School 58 

when may be expelled 92 

duties of teacher respecting < 95 

may be admitted from other districts 94 

residence of. - 94 

SCHOOL BOOKS : 

District Clerk to report on 24 

District Board to determine 30, 91, 133 

may be purchased for poor scholars 30, 90' 

Uniformity of, to be secured 8, 91 

list of recommended 134 

SCHOOLS : 

(see "Common Schools"). 



198 INDEX. 

SCHOOL DISTRICTS : 

formation of, (see "Formation of School Districts"), 
alteration of (see "Alteration of School Districts"). 

When duly organized ..... 18, 6? 

TThen legally organized 18, 67 

when organization complete 18, 68 

to be bodies corporate 18, 68 

powers of 18, 19 

officers of , 21, 75 

description of, to be filed with Town Clerk 31 , 96 

condition of receiving apportionment 32, 98 

division of, how affects ajiportionment 33, 100 

division of property of 36, 106 

may unite libraries 40 

judgments against, how collected 40, 123 

may commence action on bond of Town Superintendent 43, 124 

may borrow money 44, 125 

may form High School District 46^ 125 

organization of, not impaired by High School Districts, 48 

apportionment to (see "Apportionment"). 

SCHOOL FUND: 

(see "Income of School Fund"). 

SCHOOL HOUSE : 

site of, how designated 19, 70 

sale of, how authorized 19, 29 

tax to repair, how voted 19 

tax to build not to exceed ^500 .20, 74 

appendages of, to be provided 23, 82 

Board to have care of .29, 88 

property in, how divided .36, 106 

money borrowed to build .44, 125 

authority of Board to be shown by the record .87 

manner of contracting to build 88 

use of, other than for school pm-poses. .89 

hints in regard to .127 

SCHOOL LANDS : 

how sold...... .....7 

Town Supt. may sell timber on 12 

duty of Town Supt. in case of trespass on .12 

SCHOOL MONEYS : 

may be raised by towns 12 

County Board to determine amount to be raised by tax. ....... .13, 110 

apportionment of .9, 31, 93 

County Treasurer to apply for 15 

County Treasurer to give notice of receipt of 15 

when added to next apportionment 15, 34 

district may determine application of 20 

District Treasurer to apply for and receive 21 

District C lerk to report concerning 24, 99 

Town Supt. to apply for and receive 31 

Town Supt. to apportion ', . .31, 98 

Town Supt. to report concerning 32 

when not to be apportioned 32, 93 

accounts of, to be kept by Town Supt 33 

apportionment of, in case of division of district. 33, 100 

what constitutes school moneys 99 

voted by towns how apportioned 31; 97 

SCHOOL REGISTER: 
(seo "Register"). 



INDEX. 199 

SCHOOL ROOM: 

size, and furniture of. 130 

ventilation of 131 

SCHOOL TAXES : 

towns and cities to raise 6 

County Board to levy for specilic purposes. 10 

County Board to estimate for each town. 13, 110 

how estimated when Town has received no apportionment 13 

failure to raise, how remedied 14 

Clerk of Board to certify delinquent tax 14 

Town Clerk to assess delinquent tax with penalty 14 

may be voted at Annual Meeting. 19 

may be voted to build school house. 19 

may be voted at special meetings. 20, Tl 

Clerk to furnish statement of 25, 84 

how assessed in joint district 25, 85 

assessment and collection of » = 25, 85 

when not assessed in next assessment roll. .26 

when delinquent, proceedings on 26, 86 

Law of 1849 concerning, revived 26 

proceedings under law of 1849 26 — 29, 87 

tax upon division of property 36. 106 

on what property assessed. .37, 108 

may be voted ior library purposes 39 

to pay judgment against district, how assessed and collected. . . .41, 123 

Union High School tax .47, 125 

State Library tax ........................... .49, 117 

vote to raise, how taken 72 

may be levied to enlarge school house ... 75 

when District Treasurer to collect 79 

must be assessed separately 85 

Town Treasurer to pay to Town Supt. .85 

cannot be used to make up delinquent taxes 86 

forms to be used, (see "Forms"). 

SEATS : 

suggestions concerning 130 

SECTARIAN INSTRUCTION: 

not allowed in school 6 

State Superintendent to discourage. , . .8 

religious instruction not sectarian 136 

SITE OF SCHOOL HOUSE; 

how designated 19 

how paid for 19 

vote to alter, to be recorded 87, 88 

Board cannot purchase 88 

suggestions concerning 127 

SPECIAL DISTRICT MEETING : 

how and by whom called 30. 73 

powers of district at 20, 73 

how called for electing officers 20, 74 

how notice of. to be given 23, 83 

what notice of, to speciiy 23. 74 

may vote tax 26^ 71 

assessment and collection of taxes voted at 26 — 29, 87 

of union districts, powers of 47 

form of notice calling 157 

special meetings of Normal Regents 53 

STATE LAWS : 

to be furnished Town LibraricB 49, 117 



200 INDEX 

STATE SUPERINTENDENT : 

to have supervision of public Instruction .....,.,. 5 

term of office, and how elected 7 

compensation of 7 

duties of 7 — 9 

to determine appeals, &c 7, 37 

to make Annual report 8, 10 

to certify apportionment 9 

where to keep his office 9 

to certify copies of papers ■. 9 

may appoint assistant 10 

traveling expenses .10 

Clerk hire, how paid 10 

required to furnish blanks 24, 84 

to recommend text-books 8. 30, 91 

may grant certificates on appeal 34 

to fiirnish districts with School Law 44 

may subscribe for Journal of Education 45 

to direct binding of library books 49 

to distribute Webster's Dictionary 51 

Regulations by, concerning appeals 60 

cannot form or alter district 104 

decision of, final upon case as presented 108 

regulations by, concerning libraries 112 

text-books recommended by 133 

STATE TREASURER: 

to pay apportionment to C ounty Treasurers 15 

STATUTES : 

relating to common schools 7 — 15 

SUPERVISORS : 

(see "County Board of Supervisors"). 

T 

TAXABLE INHABITANT : 

notice to be given to 17 

what constitutes 66 

TAXES : 

assessment and collection of . , 25 — 29, 84 — 87 

(see also •'School Taxes"). 

TEACHERS : 

whether male or female, how decided 20, 75 

who to contract with , 23, 80 

to keep school register 25, 84 

when forfeit wages 25, 84 

certificate of, how obtained, &c 34, 101 

when Town Supt. may act as 34, 101 

may be re-examined 35, 102 

certificate of, may be annulled 35, 103 

Town Superintendent to advise 35, 103 

of High Schools, how qualified 47 

Board may hire for three months 75, 93 

Clerk to hire qualified 81 

contract with to be filed » . 81 

may dismiss school holidays 81 

Clerk may not act as 82 

people should be consulted in hiring 82 

Board cannot discharge 92 

should be sustained by board 93 

has government of school . . 4 ......<«.<> • 95 



fNi)EX. 201 

in all departments must te qualified * * 100 

certificate ot qualification, form of 170 

TblNANT: 

when may recover taxes of owner 29 

TERMS ; 

of school, when should commence 75 

TEXT BOOKS : 

list of recommended 134 

District Board to determine 30, 133 

(see "School Books"). 

TOWN BOARD : 

to audit accounts 12. 100 

chairman to act with the Town Superintendent 36, 104 

TOWN CLERK : 

(see "Clerk of Town"). 

TOWN LIBRARIES : 

Law establishing 49 

Notes on Town Library Law 117 

TOWNS: 

may raise additional school money 1'- 

TOWN SUPERINTENDENT: 

account of, how audited. 12, 100 

compensation of, 12, 100 

.to sell fallen timber on school lands, 13 

duty of in case of trespass, , 1'^ 

to equalize assessment in Joint districts, 27, 87 

to consent to renewal of warrant, 27, 87 

to certify to cost of school house, , . 20, 74 

to fill yacancies in District Board. 30 

powers and duties of, 30. 96 

to form and alter districts, 30, 96 

to give bond, by whom approved, 30 

to make annual report, 31, 97 

what to report, 32, 97 

when not to apportion money, 32, 98 

to keep account of moneys received, » 33 

to render account to successor, , 33 

to have powers of corporation, 33 

apportionment by, in case of division of district, 33, 100 

when to add moneys to next apportionment, 34 

to examine teachers, , 34, 101 

may grant certificates, 34, 101 

may annul certificates, , .... 35, 102 

may obtain certificate of Superintendent of next town, 34 

may re-examine teachers, , 35, 103 

his duty to visit schools, 35, 103 

to give advice to Boards and Teachers, 35, 103 

to give notice of alteration of districts 35, 104 

action of, final unless appealed from, - 37, 108 

to divide property between districts, 36, 106 

may form joint districts, 37, 107 

Town Clerk to keep papers of. 38, 109 

penalty for refusal to report, • • • '42, 124 

to prosecute District Treasurer, 43. 124 

to prosecute Town or C ounty Treasurer. 43 

to have control of actions, 44 

to file map of districts, 44, 124 

entitled to Journal of Education, 45, 125 

to determine boundaries of High School Districts, 47 

to appoint first High School Board, 47 

to be a member of examining board, • 47, 126 

to apply for Dictionaries, 51 

26 



202 .mDBX, 

' object of, Sn forining diatrtcla,.. 65 

insti'uctions to hy State Superintendent,, 96 

TREASURER: 

(see "County Troasurer/' and "Distx^iot Treasurer.") 

TRESPASS: 

on school lands,. -. .....,,.......,..., J 2 

U 

UNIFORMITY: 

of textboolcs...... ..,..., ..8. 91 

UNION HIGH SCHOOL DISTRICT: 

ijow and when formed,. . , . ......,...,, , , . , .46 

board of, and powers, ..,..,, 47 

taxes, how levied and collected, ......." 47 

board of examiners,. ........................... .47, 125 

not to iiiipiiir priin;iry districts,. 48 

under the common school law,.. .........,..,..,..,,.,,..,.,..... ,1?G 

UNION HIGH SCHOOLS: 

tuition fee, when moy be charged,.. ........ 47 

expenses of. how defrayed,. 47 

teachers for, 47 

■who has supervision of,.. ......,,...,....,, ..,....,...,.., .48 

CN^IVERSITY: 

provisions respecting,... ......................... .6 

■ • ■■>. V 

VACANCY: 

in disfrlct board. Low filled,.. .3Q, 83 

what cuo.siirutcs a vacancy, .B9 

in o3Sce of Town Superintendent, how filled, .9G 

VENTIL.vTlON: 

of school houses, , 131 

VISITATION OF SCHOOLS: 

duty of Town Superintendent in,.. ..35, 103 

VOTERS: 

: who are legal voters,. .....,....,....,,....,..,. , 66 

(see ako '•Jikciors.") 

W 

WAGES OF TEACHER: 

tax voted to meet.. ..... 19 

to be specitied in contract .23 

to bo reported by Oistrict Cleric, .24 

public money to be jipplied in payment of,.. .... . . .24 

when forfL-itod 25, 84 

when bo.u'd liable for, ................... .81 

must include boiArd,.. ........................................... .93 

WARRANT: 

C lerk to issue, in certain cases, 27, 8,6 

Treasurer to execute, .27 

may be executed out of towu or county 28 

to have force of Town Treasurer's warrant. 29 

may be renewed, ..29, 87 

when must be returned,. 87 

fonu ol" ..... ■. , 17C 

YiTEBSTER'ti UN.iBRIDGED DICTIONARY: 

bow, and how many purchasedj .50 

bow used by districts, 50 

how applied for, 51, 126 

penalty fur lalse affidavit to application, 51 

expense of transsportation, 51 

. cannot be sent by mail, 126 

if lost, will not bo replaced by tke State, 126 



Library of Congress 
Brar'-h Bindery, 1902 



